Commonwealth v. Hatfield
Massachusetts Supreme Judicial Court
Indictment, in Suffolk, for perjury, setting forth in substance that Mary Ross was committed to jail by order of the municipal court of the city of Boston, for failure to find sureties for her appearance before said court; that the defendant, before John G. Locke, a commissioner “ legally authorized and duly qualified to take bail,” offered himself as bail and security for her; that he was lawfully required by the commissioner, “pursuant to the course and practice of taking…
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Indictment, in Suffolk, for perjury, setting forth in substance that Mary Ross was committed to jail by order of the municipal court of the city of Boston, for failure to find sureties for her appearance before said court; that the defendant, before John G. Locke, a commissioner “ legally authorized and duly qualified to take bail,” offered himself as bail and security for her; that he was lawfully required by the commissioner, “pursuant to the course and practice of taking and approving bail, to make a written statement of his, said Hatfield’s, circumstances and property, the same being…
1Opinion of the CourtColt, J.
1. The defendant moves to quash the indictment because it fails to allege facts necessary, as he claims, to the jurisdiction of the bail commissioner before whom the alleged perjury *230was committed. He relies upon the provisions of the Gen. Sts. o. 170, §§ 35-37. A person who has been committed to jail, either with or without an order fixing the amount of the recognizance, may be admitted to bail. But when the amount is not fixed, reasonable notice to the officer who committed him is required by the statute to be first given. It is not stated in this indictment, whether the prisoner was or was…
2Cases cited1 opinion
- Commonwealth v. CarelMassachusetts Supreme Judicial Court · 1870
3Cited by14 opinions
- Commonwealth v. GedziumMassachusetts Supreme Judicial Court · 1927
- Bristol County Savings Bank v. KeavyMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. ButlandMassachusetts Supreme Judicial Court · 1876
- Commonwealth v. SargentMassachusetts Supreme Judicial Court · 1880
- State v. BlaisdellSupreme Judicial Court of Maine · 1969
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