Commonwealth v. Foynes
Massachusetts Supreme Judicial Court
Complaint to the Police Court of Lynn, purporting to be made by “W. Stone,” and signed “William Foynes,” charging the defendant with unlawfully keeping intoxicating liquor, with intent unlawfully to sell the same in this Commonwealth.
Read the full summary
Complaint to the Police Court of Lynn, purporting to be made by “W. Stone,” and signed “William Foynes,” charging the defendant with unlawfully keeping intoxicating liquor, with intent unlawfully to sell the same in this Commonwealth. In the Superior Court, on the day after the jury had returned a verdict of guilty, Putnam, J., without the knowledge or consent of the defendant or his counsel, and without either of them being in court, permitted the copies of the complaint filed in court, upon which the defendant was tried and convicted, and to which complaint objection and exception had been…
1Opinion of the CourtSoule, J.
It is well established in this Commonwealth that the copies sent up from a Police Court or a justice of the peace to the appellate court, in case of appeal by a defendant in criminal proceedings, may be amended at any time before the case has been submitted to the jury in the appellate court. Common*268wealth v. Phillips, 11 Pick. 28. Commonwealth v. Doty, 2 Met. 18. Commonwealth v. Magoun, 14 Gray, 398. It is equally well settled that the trial in the appellate court must be on the original allegation of offence, and for the same offence for which the defendant was tried in the court appealed…
2Cases cited1 opinion
- Commonwealth v. DresselMassachusetts Supreme Judicial Court · 1872
3Cited by6 opinions
- Commonwealth v. CoughlinMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. CarneyMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. Le ClairMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. DugganMassachusetts Supreme Judicial Court · 1926
- Stewart v. District Court of United States for Southern District of CaliforniaCourt of Appeals for the Ninth Circuit · 1926
1 more not listed; retrieve them via the Exa API.