Commonwealth v. McKenna
Massachusetts Supreme Judicial Court
Complaint to the First District Court of Bristol for an unlawful sale of intoxicating liquor. The record of the District Court, after setting forth the complaint, and the bringing in of the defendant to answer to the same, proceeded as follows; “Which complaint being read to the defendant, and he being asked by the court whether he is guilty or not guilty of the offence therein charged, stands mute.
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Complaint to the First District Court of Bristol for an unlawful sale of intoxicating liquor. The record of the District Court, after setting forth the complaint, and the bringing in of the defendant to answer to the same, proceeded as follows; “Which complaint being read to the defendant, and he being asked by the court whether he is guilty or not guilty of the offence therein charged, stands mute. And now, after a full hearing and examination in said case, it appears to said court that said Patrick McKenna is guilty. It is therefore considered and ordered by the court ” that he pay a fine…
1Opinion of the CourtGray, C. J.
The record shows that in the District Court the defendant, being duly arraigned, stood mute, and upon a full hearing was found guilty. The statute provides that, if, on arraignment, a person refuses to plead, “the court shall order a plea of not guilty to be entered, and thereupon the proceedings shall be the same as if he had pleaded' not guilty.” Gen. Sts. c. 171, § 29. The defendant, having had full opportunity to plead in the District Court, and having refused to' do so, was by this statute to be tried as if he had pleaded not guilty; and having been so tried, the want of a formal entry…
2Cases cited1 opinion
- Commonwealth v. McCauleyMassachusetts Supreme Judicial Court · 1870
3Cited by6 opinions
- Wood v. StateCourt of Criminal Appeals of Oklahoma · 1910
- Ryan v. StateCourt of Criminal Appeals of Oklahoma · 1913
- Commonwealth v. CaplandMassachusetts Supreme Judicial Court · 1926
- State v. HeftSupreme Court of Iowa · 1912
- Commonwealth v. McCormackMassachusetts Supreme Judicial Court · 1879
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