Commonwealth v. Hirsch

Massachusetts Supreme Judicial Court

Commonwealth v. Hirsch

116 Mass. 349, 1874 Mass. LEXIS 108

CourtMassachusetts Supreme Judicial Court

DecidedDecember 9, 1874

StatusPublished

Cited by2 cases

This text of 116 Mass. 349 (Commonwealth v. Hirsch) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Commonwealth v. Hirsch, 116 Mass. 349, 1874 Mass. LEXIS 108 (Mass. 1874).

Pincite

Opinion

Morton, J.

The Municipal Court oí the city of Boston has jurisdiction, concurrently with the Superior Court, of cases of assault and battery, except where committed with intent to commit some other offence, or with a weapon dangerous to life, or where the life of the person assaulted is in danger, or such person is maimed. St. 1866, c. 279, § 8. Gen. Sts. c. 116, § 13. The complaint in this case charges an assault and battery which, does not fall within either of the excepted cases.

The additional allegations, that it was committed upon a police officer while in the discharge of the duties of his office, do not affect the jurisdiction of the Municipal Court. That court could, in its discretion, exercise or decline to exercise final jurisdiction in the case. Gen. Sts. c. 116, § 15. Exceptions overruled.

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Morton, J.

The Municipal Court oí the city of Boston has jurisdiction, concurrently with the Superior Court, of cases of assault and battery, except where committed with intent to commit some other offence, or with a weapon dangerous to life, or where the life of the person assaulted is in danger, or such person is maimed. St. 1866, c. 279, § 8. Gen. Sts. c. 116, § 13. The complaint in this case charges an assault and battery which, does not fall within either of the excepted cases.

The additional allegations, that it was committed upon a police officer while in the discharge of the duties of his office, do not affect the jurisdiction of the Municipal Court. That court could, in its discretion, exercise or decline to exercise final jurisdiction in the case. Gen. Sts. c. 116, § 15. Exceptions overruled.

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Bluebook (online)

116 Mass. 349, 1874 Mass. LEXIS 108, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-hirsch-mass-1874.

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