Commonwealth v. Crawford
Massachusetts Supreme Judicial Court
Complaint to the Municipal Court of the city of Boston, for unlawfully keeping intoxicating liquors with intent to sell. The defendant was convicted and appealed. The copies of the complaint and of the record of the proceedings in the Municipal Court, transmitted to the Superior Court, were attested by an assistant clerk of the Municipal Court.
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Complaint to the Municipal Court of the city of Boston, for unlawfully keeping intoxicating liquors with intent to sell. The defendant was convicted and appealed. The copies of the complaint and of the record of the proceedings in the Municipal Court, transmitted to the Superior Court, were attested by an assistant clerk of the Municipal Court. At the trial in the Superior Court, before the jury was empanelled, the defendant moved to dismiss the complaint, because the requirements of law as to the proceedings on appeal in criminal cases had not been complied with, but Brigham, C. J.,…
1Opinion of the Court
By the Court.
1. There is nothing in the bill of exceptions to show that the proper papers were not transmitted to the Supe, rior Court, as required by the St. of 1862, c. 217, § 3.
2. The papers transmitted were properly attested. It is within the scope of the powers conferred by the statutes upon the assist* *423ant clerks of the Municipal Court, for them to attest the papers transmitted to the Superior Court.
3. There was no error in allowing an attested copy of the complaint to go to the jury. The defendant certainly was not injured by allowing such copy to go to the jury instead of a full copy…
2Cited by2 opinions
- Sodekson v. LynchMassachusetts Supreme Judicial Court · 1937
- Commonwealth v. KeenanMassachusetts Supreme Judicial Court · 1886