Commonwealth v. Carey

Massachusetts Supreme Judicial Court

Commonwealth v. Carey

108 Mass. 484

Procedural entryThis page is a short order in Commonwealth v. Carey. Read the opinion of the Court — 103 Mass. 214 →

Massachusetts Supreme Judicial Court·Decided November 15, 1871·Published

Opinion

By the Court.

It does not appear by the bill of exceptions, that the Commonwealth’s attorney exercised any right of challenge. Until he was permitted to exercise it improperly, and did in fact exercise it, the question what the rule should be was not material, but was a mere moot question. A bill of exceptions must show that the question saved was material. Burke v. Savage, 13 Allen, 408.

Exceptions overruled.

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By the Court.

It does not appear by the bill of exceptions, that the Commonwealth’s attorney exercised any right of challenge. Until he was permitted to exercise it improperly, and did in fact exercise it, the question what the rule should be was not material, but was a mere moot question. A bill of exceptions must show that the question saved was material. Burke v. Savage, 13 Allen, 408.

Exceptions overruled.

Commonwealth v. Carey, 108 Mass. 484 (Mass. 1871).

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