Public-domain · open source
OpenJurist

116 Mass. 349

Commonwealth v. Hirsch

Massachusetts Supreme Judicial Court

Decided December 9, 1874

Massachusetts Supreme Judicial Court · decided 1874-12-09

<p>Under the Gen. Sts. c. 116, § 13, and the St. of 1866, c. 279, § 8, the Municipal Court of Boston has concurrent jurisdiction with the Superior Court of a complaint charging an assault and battery upon a police officer while in the discharge of his duty.</p>

Cited by 1 later decisions — most recently September 1924

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1874-12-09

View the full empirical analysis of this case →

Morton, J.

¶1The Municipal Court oí the city of Boston has jurisdiction, concurrently with the Superior Court, of cases of assault and battery, except where committed with intent to commit some other offence, or with a weapon dangerous to life, or where the life of the person assaulted is in danger, or such person is maimed. St. 1866, c. 279, § 8. Gen. Sts. c. 116, § 13. The complaint in this case charges an assault and battery which, does not fall within either of the excepted cases.

¶2The additional allegations, that it was committed upon a police officer while in the discharge of the duties of his office, do not affect the jurisdiction of the Municipal Court. That court could, in its discretion, exercise or decline to exercise final jurisdiction in the case. Gen. Sts. c. 116, § 15. Exceptions overruled.

/116/mass/349 · .json · Public domain