Legal Opinion

Commonwealth v. Calhane

Massachusetts Supreme Judicial Court

Decided November 15, 1871PublishedCited by 6 opinions

Complaint to the police court of Haverhill for an unlawful sale of intoxicating liquors. The record of that court stated that the defendant, upon being arraigned, pleaded not guilty, and afterwards “ files plea in abatement and motions to quash, both which are overruled.

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Complaint to the police court of Haverhill for an unlawful sale of intoxicating liquors. The record of that court stated that the defendant, upon being arraigned, pleaded not guilty, and afterwards “ files plea in abatement and motions to quash, both which are overruled. After hearing divers witnesses duly sworn to testify the whole truth, and fully understanding the defence of said defendant, it is adjudged by said court that said defendant is guilty of said offence,” and be sentenced to pay a fine and costs, and he appealed to the superior court, and entered into a recognizance to prosecute…

1Opinion of the Court

By the Court.

The appeal avoided the judgment of the police court, and rendered immaterial all questions of the form of that judgment or the correctness of the previous proceedings in that court. Commonwealth v. Tinkham, 14 Gray, 12. Commonwealth v. McCormack, 7 Allen, 532.

Exceptions overruled.*

A similar decision was made in Hampshire at September term 1873 in the case of

Commonwealth vs. William J. Sheehan.

This was a complaint for keeping intoxicating liquor for unlawful sale, made on December 17, 1872, to Albion P. Peck, a trial justice for that county, whose record recited that the defendant…

2Cited by6 opinions

  1. Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1875
  2. Enbinder v. CommonwealthMassachusetts Supreme Judicial Court · 1975
  3. State v. HaasWisconsin Supreme Court · 1881
  4. Commonwealth v. PopeMassachusetts Appeals Court · 1976
  5. Commonwealth v. WhalenMassachusetts Supreme Judicial Court · 1888

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