Commonwealth v. Brown
Massachusetts Supreme Judicial Court
Complaint to the justice of the Police Court of Chelsea, alleging that the defendant, on March 29, 1892, at Chelsea, unlawfully exposed and kept for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth. In the Superior Court, upon appeal, after a verdict of guilty, the defendant moved to dismiss the complaint, and in arrest of judgment. The motions were overruled; and the defendant appealed to this court.
Read the full summary
Complaint to the justice of the Police Court of Chelsea, alleging that the defendant, on March 29, 1892, at Chelsea, unlawfully exposed and kept for sale intoxicating liquors, with intent unlawfully to sell the same in this Commonwealth. In the Superior Court, upon appeal, after a verdict of guilty, the defendant moved to dismiss the complaint, and in arrest of judgment. The motions were overruled; and the defendant appealed to this court. The material facts appear in the opinion.
1Opinion of the CourtAllen, J.
By Pub. Sts. c. 154, § 25, in case of the absence of a justice of a police court, or at any time upon his request, a special justice may hold a session of the court, the fact being stated upon the record. The amended record in the present case shows that the court in all the different stages of the proceedings against the defendant was held by the special justice, in the absence and at the request of the justice. This was sufficient.
The defendant, however, moves to dismiss, and also in arrest of judgment, because these facts do not also appear in the complaint and warrant. The complaint was…
2Cases cited2 opinions
- Commonwealth v. FayMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. ConnorMassachusetts Supreme Judicial Court · 1891
3Cited by1 opinion
- State v. ChappellSupreme Court of Rhode Island · 1904