Commonwealth v. Downing
Massachusetts Supreme Judicial Court
Two complaints, each dated June 20, 1889, to a trial justice in and for the county of Norfolk, in the first case for drunkenness, and in the second case for a breach of the peace.
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Two complaints, each dated June 20, 1889, to a trial justice in and for the county of Norfolk, in the first case for drunkenness, and in the second case for a breach of the peace. The copy of the record of the trial justice, transmitted in each case to the Superior Court on appeal, recited that the defendant was tried on June 21, 1889, and convicted and sentenced to pay a fine and the costs of prosecution; that he appealed from his sentence to the Superior Court next to be holden on the first Monday of September following; that he was ordered to recognize to appear and prosecute his appeal;…
1Opinion of the CourtDevens, J.
The questions which the defendant seeks to present by his appeal from the order of the Superior Court in each case, overruling what he terms his “ demurrer to jurisdiction of court and plea in bar by estoppel,” are not stated in accordance *199with any known rules of pleading, nor even intelligibly. Without regard to the form of his demurrers, their manifest irregularities, or the mode in which the defendant seeks to bring his cases before us, we cannot find, on careful examination, that any injustice has been done him in the Superior Court.
In the first case, the defendant had been convicted of…
2Cited by6 opinions
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