Commonwealth v. Stevens
Massachusetts Supreme Judicial Court
This was a writ of certiorari, issued to the Circuit Court of Common Pleas, for the county of Plymouth, at the instance of the said Stevens, a private soldier in a militia company, to bring before the court the proceedings upon a complaint made against him by Enos Eaton, clerk of a company of militia in Middleborough, in the said county, for unmilitary conduct on two several muster days.
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This was a writ of certiorari, issued to the Circuit Court of Common Pleas, for the county of Plymouth, at the instance of the said Stevens, a private soldier in a militia company, to bring before the court the proceedings upon a complaint made against him by Enos Eaton, clerk of a company of militia in Middleborough, in the said county, for unmilitary conduct on two several muster days. The * complaint was originally made to a justice of the peace, and process was issued by him within seven days after the first of the two days on which the misconduct was alleged to have been committed. An…
1Opinion of the Court
Sed per Curiam.
Under the plea of not guilty, the jury could not assess the fine. Had the respondent pleaded nil debet, which would have been the most regular, it would have been otherwise
Proceedings affirmed.
2Cited by4 opinions
- United States ex rel. Pressprich & Son Co. v. ElwellCourt of Appeals for the Second Circuit · 1918
- Stilson v. TobeyMassachusetts Supreme Judicial Court · 1807
- Chesley v. BrownSupreme Judicial Court of Maine · 1834
- United States v. ElliotU.S. Circuit Court for the District of Massachusetts · 1879