Legal Opinion

Commonwealth v. Munn

Massachusetts Supreme Judicial Court

Decided February 25, 1892PublishedCited by 1 opinion

Complaint, addressed to a trial justice, alleging that the defendant did keep and maintain a certain tenement used for the illegal sale and keeping for sale of intoxicating liquors. The defendant, being convicted before the trial justice, appealed to the Superior Court.

Read the full summary

Complaint, addressed to a trial justice, alleging that the defendant did keep and maintain a certain tenement used for the illegal sale and keeping for sale of intoxicating liquors. The defendant, being convicted before the trial justice, appealed to the Superior Court. The complaint and warrant filed in that court were certified by the justice to be true copies, and the copy of the rest of the proceedings was certified by him to be a true copy of the record; the copy of the record of the judgment not being certified to separately. The defendant after verdict and before judgment moved in…

1Opinion of the CourtMorton, J.

It does not appear from the record whether the copy of the proceedings before the trial justice on which the defendant was tried in the Superior Court was upon one paper or upon separate pieces of paper. If it was upon one paper, the attestation at the end was cleárly sufficient, and would apply to the entire record preceding it. Commonwealth v. Hogan, 11 Gray, 313. Commonwealth v. Ford, 14 Gray, 399. Commonwealth v. Barry, 115 Mass. 146. Commonwealth v. Wait, 131 Mass. 417. If the copy of the complaint and that of the warrant were upon one paper, and the copy of the rest of the proceedings…

2Cases cited2 opinions

  1. Commonwealth v. BarryMassachusetts Supreme Judicial Court · 1874
  2. Commonwealth v. WaitMassachusetts Supreme Judicial Court · 1881

3Cited by1 opinion

  1. Commonwealth v. QuigleyMassachusetts Supreme Judicial Court · 1897

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API