Legal Opinion

Nolan's Case

Massachusetts Supreme Judicial Court

Decided March 7, 1877PublishedCited by 11 opinions

Habeas corpus of a boy under seventeen years of age, who had been tried, convicted and sentenced in the Superior Court, for Suffolk County, to imprisonment for six months in the house of correction, upon an indictment for breaking and entering an unoccupied house, and, upon this sentence, had been delivered into the custody of the sheriff, to be delivered by him to the keeper of the house of correction for such imprisonment.

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Habeas corpus of a boy under seventeen years of age, who had been tried, convicted and sentenced in the Superior Court, for Suffolk County, to imprisonment for six months in the house of correction, upon an indictment for breaking and entering an unoccupied house, and, upon this sentence, had been delivered into the custody of the sheriff, to be delivered by him to the keeper of the house of correction for such imprisonment. Hearing before Fndieott, J., who reserved the case for the consideration of the full court.

1Opinion of the CourtMorton, J.

The St. of 1874, c. 258, § 1, provides that “the trial justices of juvenile offenders of Suffolk County shall have exclusive jurisdiction of all offences committed in said county against the laws of the Commonwealth, by minors under seventeen years of age, and may impose such punishment as the said laws, now or hereafter in force, may provide for such offences, except when the laws provide that an offence may be punished by death or imprisonment for life.”

It is clear that the clause beginning with the word “ except,” was intended as a limitation of the jurisdiction of trial justices of *331juvenil…

2Cited by11 opinions

  1. Carleton v. RuggMassachusetts Supreme Judicial Court · 1889
  2. Commonwealth v. PageMassachusetts Supreme Judicial Court · 1959
  3. State v. GerrySupreme Court of New Hampshire · 1896
  4. DeGolyer v. CommonwealthMassachusetts Supreme Judicial Court · 1943
  5. Edwards v. BruortonMassachusetts Supreme Judicial Court · 1904

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