Commonwealth v. Hagarman
Massachusetts Supreme Judicial Court
Complaint made against the defendant, containing three counts. The first count charged him with having been a common seller of intoxicating liquors in violation of law “ on the first day of November now last past, and from thence unto the day of the date hereof.” The second and third counts charged that “ said John ” on days named made single sales, in violation of law.
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Complaint made against the defendant, containing three counts. The first count charged him with having been a common seller of intoxicating liquors in violation of law “ on the first day of November now last past, and from thence unto the day of the date hereof.” The second and third counts charged that “ said John ” on days named made single sales, in violation of law. The complaint was dated “ this fourteenth day of January A. D. 1864,” and was sworn to “ January 14th 1864 ” by John M. Seeley and Albert D. Whitmore. At the trial before the magistrate the defendant pleaded guilty and was…
1Opinion of the CourtChapman, J.
1. The defendant had no legal right, without, leave of court, to retract the plea of guilty which he had made before the trial justice.
2. On his trial in the superior court, his admission of guilt in the court below, and the proof of that admission by the record, were competent and sufficient to authorize a verdict against him,
3. The complaint sufficiently alleges the time when the defendant committed the offence. Commonwealth v. Kingman, 14 Gray, 85.
4. The name of the defendant is sufficiently stated in the complaint. There is no uncertainty in the second count occasioned by the use of his…
2Cited by1 opinion
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