Commonwealth v. Kingman
Massachusetts Supreme Judicial Court
Complaint on St. 1855, c. 215, § 15, to a justice of the peace, alleging that the defendant, at New Bedford, on the 1st of September 1858, “ and from that day to the day of the date of receiving this complaint, was, without being duly authorized and appointed thereto according to law, a common seller of intoxicating liquors, against the peace of said commonwealth,” &c.
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Complaint on St. 1855, c. 215, § 15, to a justice of the peace, alleging that the defendant, at New Bedford, on the 1st of September 1858, “ and from that day to the day of the date of receiving this complaint, was, without being duly authorized and appointed thereto according to law, a common seller of intoxicating liquors, against the peace of said commonwealth,” &c. At the foot of the complaint was a certificate of the justice that it was received and sworn to before him on the 25th of February 1859. The defendant, after conviction in the court of common pleas in Bristol, at March term…
1Opinion of the CourtMetcalf, J.
The court are of opinion that the complaint sufficiently alleges the time when and the place where the defendant was a common seller of intoxicating liquors. The only difference between this case and several others that have been heretofore decided, is in the allegation of time, to wit, on a day certain, and from that day to the day of the date of receiving the complaint. ' The day of the receiving of the complaint by the magistrate appears on the complaint; and we think there is no difference in principle between this case and that of Commonwealth v. Wood, 4 Gray, 11, in which it was…
2Cited by1 opinion
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