Commonwealth v. De Voe
Massachusetts Supreme Judicial Court
Complaint on the Pub. Sts. c. 98, § 2, in two counts, addressed, “ To Charles Thompson, Esquire, Associate Justice of the District Court of Central Middlesex, sitting in the absence of the Justice.” The first count alleged that ■ the defendant, on July 10, 1892, at Lexington, “ that being the Lord’s day, did then and there do certain business, to wit, the negotiating for the sale of certain land, said business not being then and there a work of necessity or charity.”
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Complaint on the Pub. Sts. c. 98, § 2, in two counts, addressed, “ To Charles Thompson, Esquire, Associate Justice of the District Court of Central Middlesex, sitting in the absence of the Justice.” The first count alleged that ■ the defendant, on July 10, 1892, at Lexington, “ that being the Lord’s day, did then and there do certain business, to wit, the negotiating for the sale of certain land, said business not being then and there a work of necessity or charity.” The second count alleged that the defendant, at the same time and place, “ was wilfully and unlawfully present at a certain…
1Opinion of the CourtMorton, J.
It was not necessary that the caption or jurat should state the reason for the sitting of the special justice, or that the complaint should bear the seal of the court. The reason was set out in the record, and that was sufficient. Commonwealth v. Fitzgerald, 14 Gray, 14. Commonwealth v. McCarty, 14 Gray, 18. Commonwealth v. Fay, 151 Mass. 380. Commonwealth v. Carney, 153 Mass. 444. The statute requires that the complainant shall be examined on oath, and that the complaint shall be reduced to writing by the magistrate receiving the same, but does not require that it shall be under seal. Pub.…
2Cases cited6 opinions
- Commonwealth v. DextraMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. MarzynskiMassachusetts Supreme Judicial Court · 1889
- Commonwealth v. CarneyMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. FayMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. CrowleyMassachusetts Supreme Judicial Court · 1888
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Brown v. GatesWisconsin Supreme Court · 1904
- Ryan v. GilbertMassachusetts Supreme Judicial Court · 1947