Commonwealth v. Hogan
Massachusetts Supreme Judicial Court
Complaint to the First District Court of Southern Worcester, alleging that the defendant kept and maintained a tenement used for the illegal sale and for the illegal keeping of intoxicating liquors.
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Complaint to the First District Court of Southern Worcester, alleging that the defendant kept and maintained a tenement used for the illegal sale and for the illegal keeping of intoxicating liquors. The defendant having been there .convicted, appealed to the Superior Court, and the material part of the copy of the record transmitted to that court upon the appeal was as follows: “ By virtue of a warrant issued on this complaint, the defendant is before the First District Court of Southern Worcester, in the county of W orcester, on the eleventh day of February, A. D. 1873, and said complaint is…
1Opinion of the CourtMorton, J.
The statute establishing the First District Court of Southern Worcester provides that said court for criminal business shall be held in Southbridge on Monday, Wednesday and Friday, and in Webster on Tuesday, Thursday and Saturday, in each week. St. 1871, c. 391, § 4. Fixed terms are thus established, and the justice has no jurisdiction to try criminal offences except at such terms. The record in this case does not show that the defendant was tried at a term held at Webster as required by law. It recites that he was tried “ before the First District Court of Southern Worcester, in the county…
2Cited by1 opinion
- Commonwealth v. CarneyMassachusetts Supreme Judicial Court · 1891