Commonwealth v. Taber

Decided November 24, 1891

Massachusetts Supreme Judicial Court · decided 1891-11-24

Intoxicating Liquors— Complaint and Warrant—Justice of ike Peace—Name. A justice of the peace, designated and commissioned under the Pub. Sts. c. 155, § 4, and the St. of 1884, c. 286, with authority to issue warrants in criminal cases, may lawfully receive the complaints upon which such warrants are issued. If a complaint is addressed to “ George G. W., justice of the peace, . . . designated and commissioned to issue warrants in criminal cases,” and the jurat is signed “ Geo. G. W., justice of the peace authorized to issue warrants as aforesaid,” the abbreviated name may be assumed to stand for George, and the description following the same refers back to the caption of the complaint, and is sufficient.

Cited by 2 later decisions — most recently March 1912

2 state decisions

Relies on Commonwealth v. Peto · Commonwealth v. O'Baldwin

Good law ✅— No negative treatment on recordhow we know

Decided 1891-11-24

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Allen, J.

¶1A justice of the peace, who has been designated and commissioned under the Pub. Sts. c. 155, § 4, and the St. of 1884, c. 286, with authority to issue warrants in criminal cases, may lawfully receive the complaints upon which such warrants are issued. Since the warrants cannot be issued without complaints, authority to receive complaints is implied from the authority to issue the warrants. Commonwealth v. Peto, 136 Mass. 155.

¶2The magistrate’s signature to the jurat was sufficient. The abbreviation “Geo.” may be assumed to stand for George; Commonwealth v. O'Baldwin, 103 Mass. 210; and the descrip*7tian “ justice of the peace, authorized to issue warrants as aforesaid,” refers back to the caption of the complaint, and is sufficient. jExceptions and motion in arrest overruled.