Commonwealth v. Lynn
Massachusetts Supreme Judicial Court
Two COMPLAINTS, for unlawfully exposing and keeping for sale intoxicating liquors with intent unlawfully to sell the same. The complaint in each case was addressed “To A. J. Fargo, a Special Justice of the District Court of Hampshire,” and the jurat thereon was signed “ A. J. Fargo, Special Justice.” The warrant issued upon each complaint was also signed “ A. J. Fargo, Special Justice.” Neither the complaint nor the warrant bore a seal of the court.
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Two COMPLAINTS, for unlawfully exposing and keeping for sale intoxicating liquors with intent unlawfully to sell the same. The complaint in each case was addressed “To A. J. Fargo, a Special Justice of the District Court of Hampshire,” and the jurat thereon was signed “ A. J. Fargo, Special Justice.” The warrant issued upon each complaint was also signed “ A. J. Fargo, Special Justice.” Neither the complaint nor the warrant bore a seal of the court. In the Superior Court, before the jury were impanelled, the defendant filed the following motion to dismiss the complaint: “1. Because said…
1Opinion of the CourtKnowlton, J.
If the defendant’s objections to the warrant could have availed her if made at the time of the arraignment in the district court, which we do not intimate, they were waived by her failure to make them there, and her motion to dismiss, filed in the Superior Court, came too late. Commonwealth v. Wolcott, 110 Mass. 67. Commonwealth v. Hart, 123 Mass. 416. Commonwealth v. Wait, 131 Mass. 417. Pub. Sts. c. 214, § 25.
The complaint appears to have been properly received by the special justice, and it was proper for him to issue the warrant. “ A justice or special justice may receive complaints and…
2Cases cited5 opinions
- Commonwealth v. WaitMassachusetts Supreme Judicial Court · 1881
- Commonwealth v. HartMassachusetts Supreme Judicial Court · 1877
- Commonwealth v. WolcottMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. BrusieMassachusetts Supreme Judicial Court · 1887
- Hyde v. MalleyMassachusetts Supreme Judicial Court · 1876
3Cited by5 opinions
- Commonwealth v. CoyMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. DiamondMassachusetts Supreme Judicial Court · 1924
- Commonwealth v. MarkarianMassachusetts Supreme Judicial Court · 1924
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. VincentMassachusetts Supreme Judicial Court · 1894