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80 Mass. 382

Commonwealth v. Wallace

Massachusetts Supreme Judicial Court

Decided January 15, 1860

Massachusetts Supreme Judicial Court · decided 1860-01-15

Complaint to the justice of the police court of Cambridge, wherein “ Samuel W. Richardson, city marshal of Cambridge in the county of Middlesex, on behalf of the Commonwealth of Massachusetts, on oath complains ” that the defendant sold intoxicating liquor in violation of St. 1855, c. 215, § 15.

Decided 1860-01-15

Shaw, C. J.

¶1We perceive no weight in this objection. The complaint, including the full name and the addition of the complaint and the signature, is one entire document. It is addressed to the justice of the police court of Cambridge; it is officially certified by the same justice that it was “ received and sworn to,” that is, sworn to by the same person from whom it was received. The jurat or certificate of the justice is equivalent to an averment by him that the signature and oath were those of the complainant, as named in the introduction; and could not have been truly made if the fact were otherwise.

¶2Exceptions overruled.

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