Weiner v. Wentworth
Massachusetts Supreme Judicial Court
Petition, filed June 28, 1901, for a writ of mandamus to order the judge and clerk of the Municipal Court of the City of Boston to allow and enter the appeal of the defendant in a criminal case.
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Petition, filed June 28, 1901, for a writ of mandamus to order the judge and clerk of the Municipal Court of the City of Boston to allow and enter the appeal of the defendant in a criminal case. The case was heard by Hammond, J. It appeared, that the petitioner on June 27, 1901, was tried in the Municipal Court of the City of Boston on a charge of non-support of his wife and minor children, that he was found guilty and sentenced to serve a term of two months at the house of correction at Deer Island, that a mittimus warrant was issued directed to the jailer at that house of correction; and…
1Opinion of the CourtLathrop, J.
If we assume, without deciding, that a petition for a writ of mandamus is the appropriate proceeding in a case like this, we are of opinion that the ruling of the single justice of this court denying the petition was right.
The St. of 1893, c. 396, which revises and consolidates the laws relating to district and police courts, in § 47, provides: “ Every person convicted of an offence before a district or police court may appeal from the sentence to the Superior Court then next to be held in the county. The appellant shall be committed to abide the sentence of said court until he recognizes to…
2Cases cited2 opinions
- Commonwealth v. HayesMassachusetts Supreme Judicial Court · 1897
- State v. EppersonSupreme Court of Missouri · 1835
3Cited by5 opinions
- Commonwealth v. McLaughlinMassachusetts Supreme Judicial Court · 2000
- Mariano v. Judge of District CourtMassachusetts Supreme Judicial Court · 1922
- Renado v. LummusMassachusetts Supreme Judicial Court · 1910
- McCarthy v. CommonwealthMassachusetts Supreme Judicial Court · 1910
- Younker v. District Court of NatickMassachusetts Supreme Judicial Court · 1977