Legal Opinion

Commonwealth v. Cavey

Massachusetts Supreme Judicial Court

Decided October 15, 1867PublishedCited by 2 opinions

Complaint for being a common seller of intoxicating liquor. At the trial in the superior court, before Morton, J., on appeal from the police court of Fall River, the defendant moved to dismiss the complaint for the following among other reasons: 1. That, in the copies of the conviction and other proceedings transmitted from the police court, the copy of the Conviction did not show with certainty that the conviction was had upon the complaint of which a copy was transmitted.…

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Complaint for being a common seller of intoxicating liquor. At the trial in the superior court, before Morton, J., on appeal from the police court of Fall River, the defendant moved to dismiss the complaint for the following among other reasons: 1. That, in the copies of the conviction and other proceedings transmitted from the police court, the copy of the Conviction did not show with certainty that the conviction was had upon the complaint of which a copy was transmitted. 2. That it did not sufficiently appear by the copy of the record of proceedings that the defendant was asked to plead or…

1Opinion of the Court

By the Court.

The copies sent up from the police court of Fall River manifestly relate to one and the samé case, and although not fastened together contain satisfactory internal evidence that they are transcripts of the record of the proceedings against the defendant in this case before the court below. We see no irregularity whatever on the face of the papers which in any degree tends to show that the doings there were defective or informal.

The copies are duly authenticated. Under our practice the annexation of a seal has never been deemed necessary to the due exemplification of papers in…

2Cited by2 opinions

  1. Commonwealth v. BarryMassachusetts Supreme Judicial Court · 1874
  2. Commonwealth v. BellowsMassachusetts Supreme Judicial Court · 1874

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