Commonwealth v. Feldman
Massachusetts Supreme Judicial Court
Indictment charging the defendant, on February 24, 1881, at Boston, with an assault on George F. Malcolm, a police officer, with a dangerous weapon.
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Indictment charging the defendant, on February 24, 1881, at Boston, with an assault on George F. Malcolm, a police officer, with a dangerous weapon. At the trial in the Superior Co.urt, before Aldrich, J., Malcolm testified for the government that, on the day alleged in the indictment, he arrested the defendant, without a warrant, on Washington Street, a public street in Boston, for being drunk at the time, and was taking him to the station-house when the alleged assault took place; and that afterwards he took the defendant before the Municipal Court of Boston, and made a formal complaint…
1Opinion of the Court
By the Court.
The conviction and sentence of the defendant for drunkenness was a conclusive adjudication, as between him and the Commonwealth, that he was drunk at the time of his arrest. Commonwealth v. Evans, 101 Mass. 25. Phillips v. Fadden, 125 Mass. 198. Exceptions overruled.
2Cases cited2 opinions
- Commonwealth v. EvansMassachusetts Supreme Judicial Court · 1869
- Phillips v. FaddenMassachusetts Supreme Judicial Court · 1878
3Cited by13 opinions
- United States v. Leonard A. PelulloCourt of Appeals for the Third Circuit · 1994
- State v. IngenitoSupreme Court of New Jersey · 1981
- State v. ErwinUtah Supreme Court · 1941
- Morrissey v. PowellMassachusetts Supreme Judicial Court · 1939
- Commonwealth v. EllisMassachusetts Supreme Judicial Court · 1893
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