111 Mass. 428
Massachusetts Supreme Judicial Court
Decided January 15, 1873
Massachusetts Supreme Judicial Court · decided 1873-01-15
Complaint to a trial justice in Middlesex for an assault and battery. The defendant was convicted, and appealed. The papers sent to the Superior Court were not attested by the trial justice.
Cited by 3 later decisions — most recently November 1895
3 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1873-01-15
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¶1No time is prescribed by the Gen. Sts. c. 173, § 3, within which the trial justice before whom the original complaint was returnable was required to transmit to the Superior Court a copy of the proceedings. It was competent for that court to allow the trial justice to transmit amended and accurate copies of the record and papers at any time before the trial. Commonwealth v. Maguire, 14 Gray, 398.
¶2¡Exceptions overruled.