Commonwealth v. Barry
Massachusetts Supreme Judicial Court
Complaint to the Somerville Police Court for keeping intoxicating liquors with intent to sell the same in violation of law. At the trial in the Superior Court, on appeal, before Bacon, J., the defendant was found guilty, and a bill of exceptions, in substance as follows, was allowed: The defendant before trial filed a motion to quash the complaint, on the ground that there was no duly certified and proper copy of the record of the Police Court in and before the court.
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Complaint to the Somerville Police Court for keeping intoxicating liquors with intent to sell the same in violation of law. At the trial in the Superior Court, on appeal, before Bacon, J., the defendant was found guilty, and a bill of exceptions, in substance as follows, was allowed: The defendant before trial filed a motion to quash the complaint, on the ground that there was no duly certified and proper copy of the record of the Police Court in and before the court. The record sent up with the case on appeal consisted of copies of the complaint, warrant, and of the record of the Police…
1Opinion of the CourtMorton, J.
The motion to quash was properly overruled. The ground in support of it which the defendant now insists upon, that “ neither the complaint nor warrant is duly certified and attested,” cannot be sustained. The attestation by the clerk of the Police Court, at the end of the record, is a sufficient attestation of all the proceedings. Commonwealth v. Ford, 14 Gray, 399. Commonwealth v. Cavey, 97 Mass. 541. The objection that the recognizance taken in the Police Court was not transmitted to the clerk of the Superior Court does not appear to be sustained by the facts. The bill of exceptions does…
2Cases cited2 opinions
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1867
- Commonwealth v. CaveyMassachusetts Supreme Judicial Court · 1867
3Cited by17 opinions
- Commonwealth v. MannosMassachusetts Supreme Judicial Court · 1942
- Barber v. International Co. of MexicoSupreme Court of Connecticut · 1901
- Commonwealth v. McIntoshMassachusetts Supreme Judicial Court · 1927
- People v. SybislooMichigan Supreme Court · 1921
- Commonwealth v. PrattMassachusetts Supreme Judicial Court · 1879
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