Commonwealth v. Downing

Decided September 15, 1855

Massachusetts Supreme Judicial Court · decided 1855-09-15

The defendant, having been convicted before a justice of the peace, of an unlawful sale of intoxicating liquors to Barnard King, appealed to the court of common pleas ; and there moved that the case be dismissed, because the copy of record, transmitted by said justice to the court of common pleas, did not bear the seal of the justice, nor any mark indicating a place of seal; and also because it was not duly attested by Stebbins as justice of the peace, nor by any justice of…

Decided 1855-09-15

Thomas, J.

¶1The record appears to be duly attested. It need not bear a seal, nor is it the practice to affix one.

¶2The witness Barnard King was not an accomplice. This *31point was settled in Commonwealth v. Willard, 22 Pick. 476. The comments of the presiding judge upon the weight to be given to his testimony are not matter of legal exception.

¶3But we do not wish to be understood as expressing any concurrence with the remarks of the presiding judge. We think he might well have instructed the jury that such testimony was to be received with the greatest caution and distrust.

¶4Exceptions overruled.