Commonwealth v. Walker
Massachusetts Supreme Judicial Court
This was a writ of certiorari entered at this term, and briefly opened by Tillinghast for the commonwealth, and Sprout for the defendant; and being continued nisi for advisement, the opinion of the Court was delivered the following week at Plymouth by
1Opinion of the CourtParsons, C. J.
The defendant has, by a writ of certiorari, removed the proceedings of a justice of the peace, by which the defendant was found guilty of neglect of military duty in not attending a muster on the 5th of May, 1807, as a private in a company of foot commanded by Captain Arnold, belonging to Colonel Williams’s regiment.
As the defence was chiefly a matter of law arising on the facts in the case, the justice has stated those facts in his proceedings, and the evidence given to support them. The defendant insisted, before the justice, that he was, at the time of the muster, a private duly enlisted…
2Cited by14 opinions
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