Commonwealth v. Maloney
Massachusetts Supreme Judicial Court
Complaint to a trial justice, for keeping and maintaining a certain common nuisance, to wit, a tenement in Leominster, used for the illegal sale and illegal keeping for sale of intoxicating liquors, on April 18, 1886, and on divers other days and times between that day and June 8, 1886. The record showed that the defendant was arrested and brought before the trial justice on June 19, 1886, and pleaded not guilty: that the case was continued to June 26, 1886, at which time…
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Complaint to a trial justice, for keeping and maintaining a certain common nuisance, to wit, a tenement in Leominster, used for the illegal sale and illegal keeping for sale of intoxicating liquors, on April 18, 1886, and on divers other days and times between that day and June 8, 1886. The record showed that the defendant was arrested and brought before the trial justice on June 19, 1886, and pleaded not guilty: that the case was continued to June 26, 1886, at which time the defendant retracted his plea of not guilty, and pleaded guilty; that the case was “ continued for sentence ” to August…
1Opinion of the CourtW. Allen, J.
The defendant cannot, on appeal, take advantage of irregularities in the proceedings before the trial justice, unless they were such as to show that the magistrate had not *207jurisdiction to impose a sentence. If the trial justice had jurisdiction of the person of the defendant to sentence him upon the complaint, the appellate court had the same jurisdiction upon the appeal. Commonwealth v. Holmes, 119 Mass. 195, and cases cited. Commonwealth v. Dunbar, 15 Gray, 209. Commonwealth v. Dillane, 11 Gray, 67.
The record sufficiently shows that the defendant voluntarily appeared before the magistrate,…
2Cases cited3 opinions
- Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
- Commonwealth v. HolmesMassachusetts Supreme Judicial Court · 1875
- Potter v. KingsburySupreme Court of Connecticut · 1809
3Cited by41 opinions
- Ex Parte United StatesSupreme Court of the United States · 1916
- Attorney General v. TuftsMassachusetts Supreme Judicial Court · 1921
- People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
- State v. EverittSupreme Court of North Carolina · 1913
- Pino v. Nicolls (Two Cases)Court of Appeals for the First Circuit · 1954
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