Commonwealth v. Mahoney
Massachusetts Supreme Judicial Court
Complaint on the St. of 1869, a. 415, §§ 81, 86, to the Municipal Court of the city of Boston averring that the defendant, on January 20,1874, kept intoxicating liquors with intent to sell the same. The defendant pleaded guilty in the Municipal Court and was sentenced, but appealed. In the Superior Court the district attorney moved for sentence; the defendant objected and claimed a trial by jury. The objection was overruled by Wilkinson, J., and the defendant excepted.
1Opinion of the CourtGray, C. J.
A defendant in a criminal cáse, who has once pleaded to the charge against him, has no right to withdraw his plea, but is confined to the issues of law or fact thereby raised or left open, unless the court in which the case is pending sees fit ta exercise the discretion of allowing him to withdraw it and plead anew. If he appeals from a judgment against him in the court in which his plea is first made, the appeal indeed vacates the judgment, but it does not multiply his grounds of defence or enlarge the issue once joined between the Commonwealth and himself. The same defences are open to him…
2Cited by20 opinions
- Griffin v. StateCourt of Appeals of Georgia · 1913
- Commonwealth v. WakelinMassachusetts Supreme Judicial Court · 1918
- Commonwealth v. CrapoMassachusetts Supreme Judicial Court · 1912
- Commonwealth v. IngersollMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. ZionMassachusetts Supreme Judicial Court · 1971
15 more not listed; retrieve them via the Exa API.