Commonwealth v. McPherson

Massachusetts Supreme Judicial Court

Commonwealth v. McPherson

18 N.E. 417, 147 Mass. 578, 1888 Mass. LEXIS 165

Massachusetts Supreme Judicial Court·Decided November 13, 1888·Published

Opinion

Morton, C. J.

The statute prescribes no time within which the certified copies of the conviction, and other proceedings in a criminal case, shall be transmitted to the clerk of the Superior Court by the trial justice or the police or district court from whose judgment an appeal is taken. Pub. Sts. c. 154, § 39. Pub. Sts. c. 155, § 60. It is sufficient if they are produced in the Superior Court at any time during the term then next to be held in the county, and before the defendant is called upon to plead. Commonwealth v. Magoun, 14 Gray, 398. Commonwealth v. Wiggin, 111 Mass. 428.

Exceptions overruled.

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Morton, C. J.

The statute prescribes no time within which the certified copies of the conviction, and other proceedings in a criminal case, shall be transmitted to the clerk of the Superior Court by the trial justice or the police or district court from whose judgment an appeal is taken. Pub. Sts. c. 154, § 39. Pub. Sts. c. 155, § 60. It is sufficient if they are produced in the Superior Court at any time during the term then next to be held in the county, and before the defendant is called upon to plead. Commonwealth v. Magoun, 14 Gray, 398. Commonwealth v. Wiggin, 111 Mass. 428.

Exceptions overruled.

Commonwealth v. McPherson, 18 N.E. 417, 147 Mass. 578, 1888 Mass. LEXIS 165 (Mass. 1888).

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