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110 Mass. 498

Commonwealth v. Calhane

Massachusetts Supreme Judicial Court

Decided November 15, 1872

Massachusetts Supreme Judicial Court · decided 1872-11-15

Complaint by George W. Geary, addressed to the justice of the Police Court of Haverhill, charging the defendant with unlawfully keeping intoxicating liquors with intent to sell. The complaint bore the following certificate: “ Received and sworn to the twenty-third day of September in the year eighteen hundred and seventy.

Relies on Commonwealth v. Kimball

Decided 1872-11-15

Geay, J.

¶1The certificate of the clerk that the complaint, addressed to the justice of the Police Court of Haverhill, was *499“ received and sworn to ” sufficiently shows, in the absence of any evidence tending to prove the contrary, that it was received and sworn to before the court, when in session, and when the clerk was authorized to certify to what took place. Commonwealth v. Wingate, 6 Gray, 485. Commonwealth v. Clark, 16 Gray, 88. Richardson v. Burleigh, 3 Allen, 479. Commonwealth v. Kimball, 108 Mass. 473. Exceptions overruled.

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