Commonwealth v. Le Clair
Massachusetts Supreme Judicial Court
Complaint to a trial justice, for keeping and maintaining a common nuisance, to wit, a certain tenement in Brookfield used for the illegal sale a.nd keeping of intoxicating liquors. In the Superior Court, on appeal, the defendant, after verdict and before judgment, moved in arrest of judgment, on the ground that the complaint covered a future period of time, and did not alíese an offence that had been committed.
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Complaint to a trial justice, for keeping and maintaining a common nuisance, to wit, a certain tenement in Brookfield used for the illegal sale a.nd keeping of intoxicating liquors. In the Superior Court, on appeal, the defendant, after verdict and before judgment, moved in arrest of judgment, on the ground that the complaint covered a future period of time, and did not alíese an offence that had been committed. The motion was overruled; and the defendant appealed to this court. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
When an appeal is taken from the sentence of a trial justice in a criminal case, it is the duty of the justice to transmit to the Superior Court a copy of the conviction and other proceedings in the case. Pub. Sts. c. 155, § 60. The Superior Court can try the defendant for the offence set out in the copy of the complaint transmitted to it, and for no other offence. If there is an error in the copy, the trial justice may transmit an amended and corrected copy at any time before the trial in the Superior Court. He cannot do so afterwards, so as to make good the conviction of the defendant.…
2Cases cited5 opinions
- Commonwealth v. HindsMassachusetts Supreme Judicial Court · 1869
- Commonwealth v. DunsterMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. DoyleMassachusetts Supreme Judicial Court · 1872
- Commonwealth v. FoynesMassachusetts Supreme Judicial Court · 1879
- Commonwealth v. GalliganMassachusetts Supreme Judicial Court · 1873
3Cited by6 opinions
- Commonwealth v. BickumMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. CarneyMassachusetts Supreme Judicial Court · 1891
- Commonwealth v. DugganMassachusetts Supreme Judicial Court · 1926
- Commonwealth v. MelvilleMassachusetts Supreme Judicial Court · 1894
- Commonwealth v. GouletMassachusetts Supreme Judicial Court · 1894
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