Commonwealth v. Hamilton
Massachusetts Supreme Judicial Court
Indictment, found at March term 1880 of the Superior Court, alleging in the first count that the defendants, on February 10, 1880, at Greenfield, tortured a horse by pulling off its tongue; and, in the second count, that the defendants, on the same day and at the same place, cruelly mutilated a horse by pulling off its tongue. Hamilton pleaded in bar of the indictment a former acquittal upon a complaint to a trial justice charging him alone with the same offence.
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Indictment, found at March term 1880 of the Superior Court, alleging in the first count that the defendants, on February 10, 1880, at Greenfield, tortured a horse by pulling off its tongue; and, in the second count, that the defendants, on the same day and at the same place, cruelly mutilated a horse by pulling off its tongue. Hamilton pleaded in bar of the indictment a former acquittal upon a complaint to a trial justice charging him alone with the same offence. The plea referred to a copy of the record of the trial justice, which set forth the complaint, and the order of the magistrate that…
1Opinion of the CourtSoule, J.
The demurrers were properly overruled. The offences charged in the complaints were within the jurisdiction of the trial justice, but his jurisdiction was concurrent with that of the Superior Court. It was within his province, therefore, either to try the defendants who were brought before him on the complaints, or to examine them merely with reference to ordering them to recognize for their appearance before the Superior Court. Commonwealth v. Harris, 8 Gray, 470. Commonwealth v. Boyle, 14 Gray, 3.
*481It is clear, from an inspection of the record of the proceedings before the trial justice, that…
2Cited by21 opinions
- Morse v. United StatesSupreme Court of the United States · 1925
- Matter of AndersonCourt of Appeals of Maryland · 1974
- MaldonadoMassachusetts Supreme Judicial Court · 1973
- Commonwealth v. MahoneyMassachusetts Supreme Judicial Court · 1954
- Burke v. CommonwealthMassachusetts Supreme Judicial Court · 1977
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