Commonwealth v. Wilson
Massachusetts Supreme Judicial Court
Indictment for larceny from the person. In the superior court, after a verdict against the defendant, exceptions were allowed, which she waived at the argument in this court, when she filed a petition for leave to establish the truth of other exceptions disallowed below.
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Indictment for larceny from the person. In the superior court, after a verdict against the defendant, exceptions were allowed, which she waived at the argument in this court, when she filed a petition for leave to establish the truth of other exceptions disallowed below. The attorney general objected on the ground that he had received no notice of the petition in conformity with the thirty-second rule of this court, which provides that “ in all cases ” “ no party shall be allowed to establish the truth of any such allegations in this court if he shall have failed to ” “ give notice of said…
1Opinion of the CourtChapman, C. J.
It is settled that in a civil action a petition for leave to establish in this court the truth of exceptions which have not been allowed by the superior court must be dismissed, if the petitioner has not given ten days’ notice before the time in the term when the exceptions would have been entered if they had been allowed, in conformity with the rule of this court Elwell v. Dizer, 1 Allen, 484. The rule applies equally to erim inal cases. Petition dismissed.
2Cited by1 opinion
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