Commonwealth v. Harvey
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the city of Boston, by William M. Strachan, “ state constable,” alleging that John Harvey, on May 8, 1872, at Boston, “ did keep intoxicating liquors, the said intoxicating liquors being other than ale, porter, strong beer, lager bier or cider, with intent to sell the same in this Commonwealth,” not being lawfully authorized.
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Complaint to the Municipal Court of the city of Boston, by William M. Strachan, “ state constable,” alleging that John Harvey, on May 8, 1872, at Boston, “ did keep intoxicating liquors, the said intoxicating liquors being other than ale, porter, strong beer, lager bier or cider, with intent to sell the same in this Commonwealth,” not being lawfully authorized. The record of the Municipal Court alleged that the defendant was brought before the court by virtue of a warrant to answer to the Commonwealth on the complaint of William M. Strachan, “ state constable; ” that on May 11,1872, he…
1Opinion of the CourtGkay, J.
All the points made in this case are covered by previous decisions. The objections to the complaint were formal, and not having been made in the Municipal Court, to which the complaint was originally presented, were not open in the Superior Court. Commonwealth v. Walton, 11 Allen, 238. Commonwealth v. Vincent, 108 Mass. 441. The objections to the service of the Warrant could not be made for the first time in the Superior Court. Commonwealth v. Henry, 7 Cush. 512. Commonwealth v. Gregory, 7 Gray, 498. The attestation of the record by the assistant clerk of the Municipal Court was sufficient.…
2Cases cited1 opinion
- Commonwealth v. VincentMassachusetts Supreme Judicial Court · 1871
3Cited by11 opinions
- Commonwealth v. BrittMassachusetts Supreme Judicial Court · 1972
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1875
- Enbinder v. CommonwealthMassachusetts Supreme Judicial Court · 1975
- Sodekson v. LynchMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. GayMassachusetts Supreme Judicial Court · 1891
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