Commonwealth v. Drohan
Massachusetts Supreme Judicial Court
Complaint, received and sworn to in the Municipal Court of the City of Boston on January 2,1911, charging the defendant and another with the crime of attempting to commit larceny from the person of an unknown man. The defendant pleaded not guilty, was tried in the municipal court on January 2,1911, convicted and sentenced.
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Complaint, received and sworn to in the Municipal Court of the City of Boston on January 2,1911, charging the defendant and another with the crime of attempting to commit larceny from the person of an unknown man. The defendant pleaded not guilty, was tried in the municipal court on January 2,1911, convicted and sentenced. He appealed to the Superior Court, and the complaint was entered in that court" on February 6. A motion to quash the complaint and a motion for a bill of particulars were filed by him on February 8. He was called to come into court and prosecute his appeal on September 5,…
1Opinion of the CourtDeCourcy, J.
[After stating the foregoing facts.] This case comes here upon an appeal from the judgment of the Superior Court, overruling the motion to remove the default, denying the motion in arrest of judgment, and the request for a stay of sentence; and also from the final judgment.
1. The motion to remove the default was addressed to the discretion of the court. Commonwealth v. Quirk, 155 Mass. 296. The defendant had a full trial upon the facts in the municipal court and appealed to the Superior Court. He defaulted when his case was duly called for trial and thereby, in effect, admitted *447every material…
2Cases cited8 opinions
- Commonwealth v. WhitneyMassachusetts Supreme Judicial Court · 1871
- McIntyre v. PeopleIllinois Supreme Court · 1865
- Dalton-Ingersoll Co. v. FiskeMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. ReidMassachusetts Supreme Judicial Court · 1900
- Commonwealth v. ChiovaroMassachusetts Supreme Judicial Court · 1880
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3Cited by13 opinions
- Fine v. CommonwealthMassachusetts Supreme Judicial Court · 1942
- Commonwealth v. BartlettMassachusetts Supreme Judicial Court · 1978
- Commonwealth v. ClineMassachusetts Supreme Judicial Court · 1913
- Commonwealth v. LevinMassachusetts Appeals Court · 1979
- Commonwealth v. McKnightMassachusetts Supreme Judicial Court · 1933
8 more not listed; retrieve them via the Exa API.