Commonwealth v. Burke
Massachusetts Supreme Judicial Court
Complaint under the St. of 1875, c. 99, to the District Court of Northern Berkshire, averring that James Burke, at Adams, on May 15, 1875, “ unlawfully did sell intoxicating liquors to Leonard Furber, the said James Burke not having then and there any license, authority or appointment, according to law, to make such sale.” The warrant for the arrest of the defendant was issued by “ Jarvis Rockwell, justice of said court.”
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Complaint under the St. of 1875, c. 99, to the District Court of Northern Berkshire, averring that James Burke, at Adams, on May 15, 1875, “ unlawfully did sell intoxicating liquors to Leonard Furber, the said James Burke not having then and there any license, authority or appointment, according to law, to make such sale.” The warrant for the arrest of the defendant was issued by “ Jarvis Rockwell, justice of said court.” The defendant moved to quash the complaint, on the ground that no offence was therein charged with the certainty and particularity required by law, because it was not…
1Opinion of the Court
By the Court.
The complaint and warrant were in due form, and the misreeital of the latter in the record of the District Court was an irregularity which was rendered immaterial by the appeal. Commonwealth v. Fredericks, 119 Mass. 199.
Exceptions overruled.
2Cases cited1 opinion
- Commonwealth v. FredericksMassachusetts Supreme Judicial Court · 1875
3Cited by4 opinions
- Commonwealth v. PetranichMassachusetts Supreme Judicial Court · 1903
- Commonwealth v. OakesMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. PopeMassachusetts Appeals Court · 1976
- Commonwealth v. MurphyMassachusetts Supreme Judicial Court · 1892