Commonwealth v. Desmond
Massachusetts Supreme Judicial Court
Indictment on the St. of 1874, c. 356, for illegal voting, found by the grand jury empanelled at January term 1876 of the Superior Court. After a verdict of guilty, the defendant, at January term 1877, moved in arrest of judgment, for the reason that “ the statute, under which the indictment was framed, was repealed by the St. of 1876, c. 172,” passed April 26, 1876. The motion was overruled; and the defendant alleged exceptions.
1Opinion of the CourtGray, C. J.
By the St. of 1869, c. 410, entitled “ an act to establish certain rules for .the construction of repealing statutes,” it is enacted that “in the construction of all statutes hereafter enacted the following rules shall be observed, unless such construction would be repugnant to the express terms of the same statute.”- The general rules so established are to be deemed part of every repealing statute since passed, as much as if expressly inserted therein, unless the later statute clearly manifests a different intention. One of these rules is that the repeal of an act shall not affect any…
2Cited by8 opinions
- Murphy v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. BenoitMassachusetts Supreme Judicial Court · 1963
- McCann v. Mortgage, Bank & Investment Co.North Dakota Supreme Court · 1893
- The Queen v. Ah HumHawaii Supreme Court · 1893
- Storti's CaseMassachusetts Supreme Judicial Court · 1901
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