Commonwealth v. Kelly

Massachusetts Supreme Judicial Court

Commonwealth v. Kelly

78 Mass. 123

CourtMassachusetts Supreme Judicial Court

DecidedNovember 15, 1858

StatusPublished

This text of 78 Mass. 123 (Commonwealth v. Kelly) 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. Kelly, 78 Mass. 123 (Mass. 1858).

Pincite

Opinion

By the Court.

The 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.

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By the Court.

The 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.

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Bluebook (online)

78 Mass. 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-kelly-mass-1858.