Commonwealth v. Desmond
Massachusetts Supreme Judicial Court
Complaint of “ Chauncey C. Dean, of the city of Boston in the councy of Suffolk, deputy state constable, in behalf of the Commonwealth of Massachusetts,” addressed “to the justices of the municipal court of the city of Boston, holden at said Boston for the transaction of criminal business within and for the county of Suffolk,” and alleging “ that Ellen Desmond, of said Boston,” on July 17, 1869, “ at Boston aforesaid, did keep intoxicating liquor with intent to sell the same…
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Complaint of “ Chauncey C. Dean, of the city of Boston in the councy of Suffolk, deputy state constable, in behalf of the Commonwealth of Massachusetts,” addressed “to the justices of the municipal court of the city of Boston, holden at said Boston for the transaction of criminal business within and for the county of Suffolk,” and alleging “ that Ellen Desmond, of said Boston,” on July 17, 1869, “ at Boston aforesaid, did keep intoxicating liquor with intent to sell the same in this Commonwealth, she, the said Ellen, not being authorized to sell the same in said Commonwealth for any purpose…
1Opinion of the CourtAmes, J.
The various objections made by the defendant in the superior court were none of them taken in the munieipa. court, from which she appealed; and therefore, so far as they depend upon formal defee's apparent on the face of the com*447plaint, are too late to be of any avail. St. 1864, c. 250, § 2. Commonwealth v. McGovern, 10 Allen, 193. Commonwealth v. Walton, 11 Allen, 238.
Even if they had been seasonably taken, it is difficult to see how they could be of any effect. It is not denied that the superior court has a general appellate jurisdiction in cases of this kind; but the defendant insists that…
2Cited by5 opinions
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