Commonwealth v. Kelly

78 Mass. 123

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.