Legal Opinion

Commonwealth v. Gillon

Massachusetts Supreme Judicial Court

Decided October 15, 1861PublishedCited by 1 opinion

Complaint charging the defendant with a single sale of intoxicating liquor to James McCormick, at Milford, in the county of Worcester.

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Complaint charging the defendant with a single sale of intoxicating liquor to James McCormick, at Milford, in the county of Worcester. The defendant was convicted before the police court of Milford; and at the trial, on his appeal, in the superior court, evidence was introduced, under objection, tending to prove a sale of intoxicating liquor to McCormick, at Holliston, in the county of Middlesex, but within one hundred rods of the boundary line between the counties of Worcester and Middlesex ; and Wilkinson, J. instructed the jury that, upon this evidence, it was competent for them to find a…

1Opinion of the CourtDewey, J.

The question whether the police court of Milford had jurisdiction of the offence here proved, the act having been committed in the county of Middlesex, but within one hundred rods of the boundary line of the county of Worcester, depends upon the construction to be given to Gen. Sts. c. 171, § 17. The language of that statute is copied from that found in Rev. Sts. c. 133, § 7. It is thus: “ An offence committed on the boundary of two counties, or within one hundred rods of the dividing line *503between them, may be alleged in the indictment to have been committed, and may be prosecuted and…

2Cited by1 opinion

  1. People v. ThompsonMichigan Supreme Court · 1931

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