# Commonwealth v. Brown

> Massachusetts Supreme Judicial Court · February 28, 1893 · 158 Mass. 168

URL: https://www.frixlaw.com/law-library/cases/6424450

## Case

- **Full name:** Commonwealth v. Samuel F. Brown
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** February 28, 1893
- **Citations:** 158 Mass. 168; 33 N.E. 341; 1893 Mass. LEXIS 255
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Allen
- **Judges:** Allen
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6424450

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6424450. Public record. Not legal advice.