Complaint, for unlawfully keeping for sale fermented cider in. less quantities than ten gallons. The complaint was entered in the police court of Pittsfield, and from the judgment of that court the respondent appealed. Plea, not guilty.
Good law ✅— No negative treatment on recordhow we know
Decided 1884-06-05
How this case has been cited
Cited by 9 later decisions — most recently March 1953
8 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
¶1
The motion to quash should have been granted. The police court had no authority to impose a fine upon the respondent. -He pleaded not guilty, and on this plea the court could not legally do more than determine whether there was probable cause to believe the respondent guilty, and, if satisfied that there was, order him to recognize for his appearance at the trial term of this court (G. L.,
c.
109,
ss.
20, 21, 22); and the only remedy for the violation of law alleged in this complaint being by indictment, the court at the trial term had no jurisdiction to try the case on appeal. It is unnecessary to consider the other questions raised by the motion.
