1 Super. Ct. Jud. 334
Massachusetts Supreme Judicial Court
Decided April 15, 1772
Massachusetts Supreme Judicial Court · decided 1772-04-15
TRESPASS. To the Force and Arms, not guilty. Justification for the Residue under a Warrant from Justice Jones, directed to an Officer, who took the Defendant for Aid, and, as such, arrested the Plaintiff. And, to support his Justification, Defendant produced an attested Copy from the said Justice’s Records.
Decided 1772-04-15
¶1But
¶2accepted them, contrary to the Opinion of Cushing, Justice.
¶3Afterwards, the Plaintiff was admitted to give Evidence that the pretended Warrant whereby he was arrested was different from that set forth in the Defendant’s Justification. The Proof was not sufficient.
¶4Judgment for Defendant.