Commonwealth v. Crapo
Massachusetts Supreme Judicial Court
Complaint in the Municipal Court of the City of Boston charging the defendant with assault and battery with sulphuric acid upon two persons named, at Boston on June 4, 1911. In the municipal court the defendant pleaded guilty and on June 7, 1911, was sentenced to pay a fine of $100. The defendant appealed to the Superior Court.
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Complaint in the Municipal Court of the City of Boston charging the defendant with assault and battery with sulphuric acid upon two persons named, at Boston on June 4, 1911. In the municipal court the defendant pleaded guilty and on June 7, 1911, was sentenced to pay a fine of $100. The defendant appealed to the Superior Court. The appeal was entered on July 3,1911, and on the same day the defendant filed a motion for leave to withdraw his plea of guilty and to enter a plea of not guilty. The motion was accompanied by affidavits of the defendant and of his counsel. On July 10, 1911, the…
1Opinion of the CourtBraley, J.
By his plea of guilty when first arraigned in the municipal court the defendant admitted the substantive allegations of the complaint, and while his appeal to the Superior Court after conviction vacated the judgment, it did not change the issue, which had been joined, or entitled him to a jury trial, and on the record nothing remained to be done except to impose sentence. Commonwealth v. Mahoney, 115 Mass. 151. Commonwealth v. Ingersoll, 145 Mass. 381, 382.
The appellate court, however, upon the defendant’s application, which seems to have been made seasonably, could permit him to withdraw the…
2Cases cited5 opinions
- American Malting Co. v. Souther Brewing Co.Massachusetts Supreme Judicial Court · 1907
- Commonwealth v. IngersollMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. MahoneyMassachusetts Supreme Judicial Court · 1874
- Walsh v. RogersSupreme Court of the United States · 1852
- Deane v. American Glue Co.Massachusetts Supreme Judicial Court · 1909
3Cited by40 opinions
- Kercheval v. United StatesSupreme Court of the United States · 1927
- Ludwig v. MassachusettsSupreme Court of the United States · 1976
- Commonwealth v. SaccoMassachusetts Supreme Judicial Court · 1926
- Commonwealth v. BernierMassachusetts Supreme Judicial Court · 1971
- Commonwealth v. NoxonMassachusetts Supreme Judicial Court · 1946
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