Commonwealth v. Mosher
Massachusetts Supreme Judicial Court
Complaint “to Ichabod N. Luce, Esquire, a trial justice in and for the county of Dukes County,” for keeping and maintaining a common nuisance, to wit, a certain tenement in Cottage City used for the illegal sale and illegal keeping for sale of intoxicating liquors, on June 15, 1882, and on divers other days and times between that day and July 23, 1882. The jurat annexed to the complaint and the warrant issued thereon were each signed by “ Ichabod N. Luce, trial justice.”
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Complaint “to Ichabod N. Luce, Esquire, a trial justice in and for the county of Dukes County,” for keeping and maintaining a common nuisance, to wit, a certain tenement in Cottage City used for the illegal sale and illegal keeping for sale of intoxicating liquors, on June 15, 1882, and on divers other days and times between that day and July 23, 1882. The jurat annexed to the complaint and the warrant issued thereon were each signed by “ Ichabod N. Luce, trial justice.” The defendant was tried on the complaint, adjudged guilty, and sentenced by said -magistrate; from this sentence he…
1Opinion of the CourtField, J.
The jurisdiction of an inferior magistrate to issue warrants must clearly appear on the papers. Commonwealth v. Fay, 126 Mass. 235. No one but a justice of the peace can be a trial justice; Pub. Sts. c. 155, § 7; and a justice of the peace duly appointed trial justice ceases to be such if his commission as justice of the peace expires before his commission as trial justice. Pub. Sts. c. 155, § 9.
It follows that a signature as trial justice involves a signature as justice of the peace, and no separate designation of the *227inferior office is necessary. The signature as trial justice means that…
2Cases cited1 opinion
- Commonwealth v. FayMassachusetts Supreme Judicial Court · 1879
3Cited by2 opinions
- Commonwealth v. PetoMassachusetts Supreme Judicial Court · 1883
- State v. ChappellSupreme Court of Rhode Island · 1904