Legal Opinion

Commonwealth v. Hoar

Massachusetts Supreme Judicial Court

Decided December 2, 1876PublishedCited by 5 opinions

Complaint under the St. of 1875, c. 99, to the “Municipal Court of the Brighton District of the city of Boston, holden in said Brighton District for the transaction of criminal business, within and for the county of Suffolk,” charging that the defendant “ within the judicial district of said court, unlawfully did expose and keep for sale intoxicating liquors, with intent unlawfully to sell the same within this Commonwealth.”

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Complaint under the St. of 1875, c. 99, to the “Municipal Court of the Brighton District of the city of Boston, holden in said Brighton District for the transaction of criminal business, within and for the county of Suffolk,” charging that the defendant “ within the judicial district of said court, unlawfully did expose and keep for sale intoxicating liquors, with intent unlawfully to sell the same within this Commonwealth.” In the Municipal Court the defendant moved to quash the complaint on the following grounds: “ 1. Said complaint contains the legal designation of no court known to the…

1Opinion of the CourtGray, C. J.

The court to which the complaint is addressed is duly designated in the complaint and in the record as “ the Municipal Court of the Brighton District of the city of Boston, holden in said Brighton District for the transaction of criminal business.” St. 1874, c. 271, §§ 14, 15. The addition of the words “ within and for the county of Suffolk ” does not imply that the court had jurisdiction to try offences committed anywhere in the county. The allegation that the defendant’s of-fence was committed “ within the judicial district of said court ” shows that it was committed in a part of the county…

2Cited by5 opinions

  1. Mark Suesz v. Med-1 Solutions, LLCCourt of Appeals for the Seventh Circuit · 2014
  2. Commonwealth v. ClancyMassachusetts Supreme Judicial Court · 1891
  3. Commonwealth v. BakerMassachusetts Supreme Judicial Court · 1892
  4. Commonwealth v. WoelzMassachusetts Supreme Judicial Court · 1914
  5. Mark Suesz v. Med-1 Solutions, LLCCourt of Appeals for the Seventh Circuit · 2014

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