¶1The complaint upon which the defendant was tried in the court of common pleas was a true copy of the original complaint upon which he had been previously tried. He was tried for the same offence before the jury, as before the justice to whom the complaint had been made. If he was misled, he should have asked for a postponement. It was within the discretion of the court, either to resume the trial or to begin again • Exceptions overruled.
78 Mass. 123
Commonwealth v. Kelly
Massachusetts Supreme Judicial Court
Decided November 15, 1858
Massachusetts Supreme Judicial Court · decided 1858-11-15
Complaint for an unlawful sale of intoxicating liquors. After a jury had been empanelled in the court of common pleas for the trial of this complaint, and the paper filed in that court as a copy thereof had been read to the jury, and before any further proceedings, the district attorney suggested to the court that the paper was not a true transcript of the original complaint, but that, by a clerical error, the year of the commission of the offence was misstated ; and the…
Decided 1858-11-15