Commonwealth v. Vincent
Massachusetts Supreme Judicial Court
Complaint, to the police court of the city of Brockton, for unlawfully exposing and keeping intoxicating liquors for sale with intent to sell the same without a license. In the Superior Court the defendant moved to dismiss, and, after verdict and before judgment, in arrest of judgment, because it appeared in the record that an examination or trial was continued by the police court for a period of more than ten days, without the consent of the defendant.
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Complaint, to the police court of the city of Brockton, for unlawfully exposing and keeping intoxicating liquors for sale with intent to sell the same without a license. In the Superior Court the defendant moved to dismiss, and, after verdict and before judgment, in arrest of judgment, because it appeared in the record that an examination or trial was continued by the police court for a period of more than ten days, without the consent of the defendant. The Superior Court overruled both motions, and the defendant appealed to this court. The material facts appear in the opinion.
1Opinion of the CourtAllen, J.
The police court had jurisdiction, it was a court competent to pass the order of adjournment with the defendant’s consent, the order was apparently for her benefit, it was passed in her presence and without objection on her part, she recognized for her appearance at the time fixed, and nothing appears to show that she did not consent to the adjournment. Under these circumstances her consent is to be implied or presumed. ¡No statute requires that her consent should expressly appear of record, and the omission to set it forth in terms does not render the proceedings invalid. See Commonwealth v.…
2Cases cited6 opinions
- Cornett v. WilliamsSupreme Court of the United States · 1874
- McNitt v. TurnerSupreme Court of the United States · 1873
- Commonwealth v. IngersollMassachusetts Supreme Judicial Court · 1888
- Commonwealth v. CarrMassachusetts Supreme Judicial Court · 1886
- Commonwealth v. LynnMassachusetts Supreme Judicial Court · 1891
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