Commonwealth v. Hayes
Massachusetts Supreme Judicial Court
Complaint, for keeping and maintaining a liquor nuisance in Brockton. At the February term, 1896, of the Superior Court, the defendant was convicted of keeping and maintaining a nuisance. He alleged exceptions, which were duly allowed. On the day of the conviction, sentence was asked for and imposed. The defendant asked for a stay of execution of sentence, which' was granted by Mason, C. J. The exceptions were duly argued, and in November, 1896, were overruled.
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Complaint, for keeping and maintaining a liquor nuisance in Brockton. At the February term, 1896, of the Superior Court, the defendant was convicted of keeping and maintaining a nuisance. He alleged exceptions, which were duly allowed. On the day of the conviction, sentence was asked for and imposed. The defendant asked for a stay of execution of sentence, which' was granted by Mason, C. J. The exceptions were duly argued, and in November, 1896, were overruled. At the next term of the Superior Court, in February, 1897, the District Attorney moved that the order of stay be vacated. The…
1Opinion of the CourtHolmes, J.
The statute requiring sentence to be imposed notwithstanding exceptions or appeal provides also that exceptions or an appeal shall not stay execution unless a certificate is filed that there is reasonable doubt whether the judgment should stand. St. 1895, c. 469, § 2. It seems to us to follow *17that a stay granted on the footing of such a certificate necessarily conies to an end when the doubt is removed by the decision of this court, and that the decision of the judge with reference to the order before him was right.
If we are to regard the offer of evidence and the ruling as applying not…
2Cases cited4 opinions
- Ex parte MeyersSupreme Court of Missouri · 1869
- Mason v. PearsonMassachusetts Supreme Judicial Court · 1875
- Miller v. StateSupreme Court of Florida · 1876
- People v. LincolnNew York Supreme Court · 1881
3Cited by8 opinions
- District Attorney for the N. Dist. v. Superior CourtMassachusetts Supreme Judicial Court · 1961
- Commonwealth v. McLaughlinMassachusetts Supreme Judicial Court · 2000
- Mariano v. Judge of District CourtMassachusetts Supreme Judicial Court · 1922
- Harding v. State Board of ParoleMassachusetts Supreme Judicial Court · 1940
- Commonwealth v. LobelMassachusetts Supreme Judicial Court · 1905
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