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103 Mass. 451

Commonwealth v. Harvey

Massachusetts Supreme Judicial Court

Decided November 15, 1869

Massachusetts Supreme Judicial Court · decided 1869-11-15

Complaint on the St. of 1869, c. 415, to the municipal court of the city of Boston, against the claimant in the case next preceding this, for keeping intoxicating liquors for unlawful sale.

Decided 1869-11-15

Wells, J.

¶1The first four grounds for the motion to quash are waived upon the argument here. The fifth ground is based upon a clerical omission of the word “ is,” which does not leave the meaning of the record in doubt. It clearly appears that the defendant was asked whether guilty or not guilty; that he refused to plead; that the court ordered the plea of “ not guilty ” entered for him; and that upon that plea he was tried and convicted. The sixth ground is disposed of in the case of Commonwealth v. Intoxicating Liquors, ante, 448.

¶2Motion to quash overruled.

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