Legal Opinion

Commonwealth v. Henry

Massachusetts Supreme Judicial Court

Decided December 31, 1917PublishedCited by 56 opinions

Complaint, received and sworn to in the First District Court of Eastern Middlesex on May 5, 1915, under St. 1909, c. 534, § 7, as amended by St. 1915, c. 16, § 3, charging that the defendant on May 3, 1915, at Malden “did operate a certain automobile in and upon a certain public street, to wit: Pleasant Street in said Malden, during the period of from one half an horn: after sunset to one half an hour before sunrise, without displaying at least two white lights, visible not…

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Complaint, received and sworn to in the First District Court of Eastern Middlesex on May 5, 1915, under St. 1909, c. 534, § 7, as amended by St. 1915, c. 16, § 3, charging that the defendant on May 3, 1915, at Malden “did operate a certain automobile in and upon a certain public street, to wit: Pleasant Street in said Malden, during the period of from one half an horn: after sunset to one half an hour before sunrise, without displaying at least two white lights, visible not less than two hundred feet in the direction toward which he was proceeding and without displaying at least one red light…

1Opinion of the CourtCrosby, J.

The defendant is charged with violation of the provisions of St. 1909, c. 534, § 7, as amended by St. 1915, c. 16, § 3. He was found guilty by the First District Court of Eastern Middlesex, and appealed. At the trial in the Superior Court he excepted to the refusal of the presiding judge to give to the jury four instructions, each of which in effect amounted to a ruling that he was entitled to an acquittal upon the agreed facts. The facts agreed upon are as follows:

“It is hereby agreed between the government and the defendant that on May 3, 1915, at about 8:30 in the evening, more than half…

2Cases cited4 opinions

  1. Smethurst v. Proprietors of Independent Congregational Church in Barton SquareMassachusetts Supreme Judicial Court · 1889
  2. Stroud v. Board of Water CommissionersSupreme Court of Connecticut · 1916
  3. Jaquith v. WordenWashington Supreme Court · 1913
  4. City of Harlan v. KraschelSupreme Court of Iowa · 1914

3Cited by56 opinions

  1. Baggs v. HirschfieldMassachusetts Supreme Judicial Court · 1935
  2. State v. SwiftSupreme Court of Connecticut · 1939
  3. Commonwealth v. UskiMassachusetts Supreme Judicial Court · 1928
  4. Heritage Insurance Co. of America v. PhelanIllinois Supreme Court · 1974
  5. Commonwealth v. HiltonMassachusetts Supreme Judicial Court · 1986

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