Commonwealth v. Doherty
Massachusetts Supreme Judicial Court
Indictment on the Gen. Sts. c. 164, § 10, averring that the defendant, on September 1, 1869, at Boston, “ was arrested by Thomas B. Ford, a police officer of said city of Boston, under and by virtue of a warrant issued by a magistrate, to wit, by the municipal court of the city of Boston, holden at said Boston for the transaction of criminal business, against said Doherty for an alleged offence against the laws of said Commonwealth, to wit, the offence of larceny, by the…
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Indictment on the Gen. Sts. c. 164, § 10, averring that the defendant, on September 1, 1869, at Boston, “ was arrested by Thomas B. Ford, a police officer of said city of Boston, under and by virtue of a warrant issued by a magistrate, to wit, by the municipal court of the city of Boston, holden at said Boston for the transaction of criminal business, against said Doherty for an alleged offence against the laws of said Commonwealth, to wit, the offence of larceny, by the embezzlement and fraudulent conversion to his own use of the property of another, delivered to him, which property was the…
1Opinion of the CourtGray, J.
An indictment on the Gen. Sts. c. 164, § 10, for being armed with a dangerous weapon when arrested for a criminal offence, must allege, in substance or effect, that the arrest was lawful. Commonwealth v. O'Connor, 7 Allen, 583. This indictment alleges that the defendant was arrested by a police officer of the city of Boston under and by virtue of a warrant from a magistrate, particularly described ; but it does not allege that the arrest was lawful, or that the officer was authorized to make it. By the laws of the Commonwealth, police officers may be appointed in towns and cities, with all or…
2Cited by2 opinions
- Commonwealth v. BarrettMassachusetts Supreme Judicial Court · 1871
- Commonwealth v. KaneMassachusetts Supreme Judicial Court · 1871