Commonwealth v. Sallen

Massachusetts Supreme Judicial Court

Commonwealth v. Sallen

77 Mass. 52

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1858

StatusPublished

This text of 77 Mass. 52 (Commonwealth v. Sallen) 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. Sallen, 77 Mass. 52 (Mass. 1858).

Pincite

Opinion

By the Court.

The order excepted to is not a final judgment. No trial was had in the court of common pleas. The proper order would have been that the defendant plead over; then, if he should be acquitted, he would have no occasion to prosecute his exceptions; if he should be convicted, his exceptions to this order, as well as to any subsequent rulings and instructions in the case, would be open to him, and he could then bring the case to this court. Rev. Sts. c. 82, §§ 12, 13.

Case remitted to court of common pleas.

Free access — add to your briefcase to read the full text and ask questions with AI

By the Court.

The order excepted to is not a final judgment. No trial was had in the court of common pleas. The proper order would have been that the defendant plead over; then, if he should be acquitted, he would have no occasion to prosecute his exceptions; if he should be convicted, his exceptions to this order, as well as to any subsequent rulings and instructions in the case, would be open to him, and he could then bring the case to this court. Rev. Sts. c. 82, §§ 12, 13.

Case remitted to court of common pleas.

Cite This Page — Counsel Stack

Bluebook (online)

77 Mass. 52, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-sallen-mass-1858.