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89 Mass. 532

Commonwealth v. McCormack

Massachusetts Supreme Judicial Court

Decided November 15, 1863

Massachusetts Supreme Judicial Court · decided 1863-11-15

The first case was a complaint, the first two counts of which charged the defendant with single sales of intoxicating liquors, and the third count, with being a common seller thereof, in violation of law.

Decided 1863-11-15

By the Court.

¶1The magistrate in each of these cases has sent up a copy of the complaint upon which the defendant was tried, and his judgment thereon, as a part of the record of the case. The complaint is sufficient to authorize the verdict and a judgment thereupon in the superior court upon the appeal.

¶2If the magistrate in his judgment misrecites the complaint, or makes a defective or erroneous judgment upon it, the appeal avoids the judgment, and gives the defendant his full rights in the court above. There is no error in the record of the defendant’s conviction in that court. Exceptions overruled.

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