Commonwealth v. Calhane
Massachusetts Supreme Judicial Court
Complaint by George W. Geary, addressed to the justice of the Police Court of Haverhill, charging the defendant with unlawfully keeping intoxicating liquors with intent to sell. The complaint bore the following certificate: “ Received and sworn to the twenty-third day of September in the year eighteen hundred and seventy. J. K. Jenness, Clerk.”
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Complaint by George W. Geary, addressed to the justice of the Police Court of Haverhill, charging the defendant with unlawfully keeping intoxicating liquors with intent to sell. The complaint bore the following certificate: “ Received and sworn to the twenty-third day of September in the year eighteen hundred and seventy. J. K. Jenness, Clerk.” At the trial on appeal in the Superior Court, before Putnam, J., the defendant, being convicted, moved in arrest of judgment, because the complaint was not subscribed and sworn to as required by law, and because neither the Police Court nor the…
1Opinion of the CourtGeay, J.
The certificate of the clerk that the complaint, addressed to the justice of the Police Court of Haverhill, was *499“ received and sworn to ” sufficiently shows, in the absence of any evidence tending to prove the contrary, that it was received and sworn to before the court, when in session, and when the clerk was authorized to certify to what took place. Commonwealth v. Wingate, 6 Gray, 485. Commonwealth v. Clark, 16 Gray, 88. Richardson v. Burleigh, 3 Allen, 479. Commonwealth v. Kimball, 108 Mass. 473. Exceptions overruled.
2Cases cited1 opinion
- Commonwealth v. KimballMassachusetts Supreme Judicial Court · 1871