Commonwealth v. Whitney
Massachusetts Supreme Judicial Court
Complaint to the municipal court of the city of Worcester, March 3, 1870, that on January 20,1870, and divers other days and times between that day and the first named date, the defendant kept and maintained at Webster a tenement, there situate, then and there used for the illegal sale and illegal keeping of intoxicating liquor, and being a common nuisance.
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Complaint to the municipal court of the city of Worcester, March 3, 1870, that on January 20,1870, and divers other days and times between that day and the first named date, the defendant kept and maintained at Webster a tenement, there situate, then and there used for the illegal sale and illegal keeping of intoxicating liquor, and being a common nuisance. On March 5, 1870, he was arraigned thereon in the municipal court pleaded' that he was not guilty; was tried and found guilty; appealed and recognized with sureties in the sura of $500 for his personal appearance before the superior court…
1Opinion of the CourtMorton, J.
The fifth section of chapter 173 of the General Statutes provides that, “ if the appellant fails to enter and prosecute his appeal,' he shall be defaulted on his recognizance, if any was taken, and the superior court may award sentence against him for the offence whereof he was convicted, in like manner as if he had been convicted in that court.” The defendant contends that, this section is unconstitutional, because it violates the twelfth article of the Bill of Rights, which provides that “no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or…
2Cited by24 opinions
- McDonald v. CommonwealthMassachusetts Supreme Judicial Court · 1899
- Commonwealth v. BartlettMassachusetts Supreme Judicial Court · 1978
- State v. GerrySupreme Court of New Hampshire · 1896
- Foster v. MorseMassachusetts Supreme Judicial Court · 1882
- City of Bellingham v. HiteWashington Supreme Court · 1950
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