Commonwealth v. Leach
Massachusetts Supreme Judicial Court
The defendants were indicted in the Court of General Sessions for poisoning a cow, the property of A. B. Being convicted in that court, they appealed to this, and at the last term thereof were found guilty by the verdict of the jury. The indictment was at common law. Bliss moved in arrest of judgment on the ground that the Court of Sessions had not jurisdiction in the case.
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The defendants were indicted in the Court of General Sessions for poisoning a cow, the property of A. B. Being convicted in that court, they appealed to this, and at the last term thereof were found guilty by the verdict of the jury. The indictment was at common law. Bliss moved in arrest of judgment on the ground that the Court of Sessions had not jurisdiction in the case. He said that this was a common law offence, and so laid in the indictment; that justices of the peace were officers not known to the common law, but were created by statute, and of course all ♦heir powers were given by…
1Opinion of the CourtThacher, J.
I am of opinion that the statutes of 1 Ed. III. c. 16, and 34 Ed. III. c. 1, respecting the jurisdiction and powers of justices of the peace have been adopted, used, and approved here, and are to be considered as part of our common law; that the offence charged in the indictment is cognizable by the Court of Sessions, and, therefore, that judgment ought not to be arrested.
Sedgwick, J.
Justices of the peace, whether acting individually or in sessions, are creatures of statute ; and their powers are given *47them by the statutes.—2 Hawk. 61, 8.—It appears to me, generally speaking, that the English…
2Cases cited1 opinion
- President, Directors & Co. of Rensselaer Glass Factory v. ReidCourt for the Trial of Impeachments and Correction of Errors · 1825
3Cited by27 opinions
- Crocker v. Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1911
- Clement v. GrahamSupreme Court of Vermont · 1906
- Russ v. AlpaughMassachusetts Supreme Judicial Court · 1875
- Richards v. BarlowMassachusetts Supreme Judicial Court · 1885
- Earle v. WoodMassachusetts Supreme Judicial Court · 1851
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