Opinion

Commonwealth v. Brown

  • 158 Mass. 168
  • 33 N.E. 341
  • 1893 Mass. LEXIS 255
Court
Massachusetts Supreme Judicial Court
Filed
Feb 28, 1893
Status
Published
Author
Allen
On the bench
Allen
Cited by
1 cases
Authority
More cited than 54.5%

The opinion

Allen, J.

By Pub. Sts. c. 154, § 25, in case of the absence of a justice of a police court, or at any time upon his request, a special justice may hold a session of the court, the fact being stated upon the record. The amended record in the present case shows that the court in all the different stages of the proceedings against the defendant was held by the special justice, in the absence and at the request of the justice. This was sufficient.

The defendant, however, moves to dismiss, and also in arrest of judgment, because these facts do not also appear in the complaint and warrant. The complaint was addressed “ To the Justice of the Police Court of Chelsea.” There is nowhere any requirement that it should be otherwise addressed, and this form *169 was sufficient and proper, even though a special justice was sitting at the time when it was actually laid before him. The warrant properly bore test of the justice of the court, as required by St. 1888, c. 415, amending Pub. Sts. c. 154, § 30.

The motions were properly overruled. Commonwealth v. Fay, 151 Mass. 380 . Commonwealth v. Connor, 155 Mass. 134 .

Order denying motions affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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