Whitney v. Peckham

Massachusetts Supreme Judicial Court

Whitney v. Peckham

15 Mass. 243

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1818

StatusPublished

This text of 15 Mass. 243 (Whitney v. Peckham) 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

Whitney v. Peckham, 15 Mass. 243 (Mass. 1818).

Pincite

Opinion

Case for a malicious prosecution, before a justice of the peace, for • an alleged assault and battery. Trial on the general issue before Putnam, J. The plaintiff offered in evidence a copy of the record and proceedings before the justice, by which it appeared that Whitney pleaded not guilty to the complaint of Peckham; that the justice found him guilty, and sentenced him to pay a fine of two dollars and costs. Whitney appealed from this sentence to the Circuit Court of Common Pleas, where he was acquitted.

The judge, being of opinion that the conviction before the justice, he having jurisdiction of the subject-matter of the complaint, was conclusive evidence that there was probable cause, directed a non-suit ; and the point being reserved for the opinion of the whole [225]*225Court, the nonsuit was confirmed, and the defendant had judgment for his costs.

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Case for a malicious prosecution, before a justice of the peace, for • an alleged assault and battery. Trial on the general issue before Putnam, J. The plaintiff offered in evidence a copy of the record and proceedings before the justice, by which it appeared that Whitney pleaded not guilty to the complaint of Peckham; that the justice found him guilty, and sentenced him to pay a fine of two dollars and costs. Whitney appealed from this sentence to the Circuit Court of Common Pleas, where he was acquitted.

The judge, being of opinion that the conviction before the justice, he having jurisdiction of the subject-matter of the complaint, was conclusive evidence that there was probable cause, directed a non-suit ; and the point being reserved for the opinion of the whole [225]*225Court, the nonsuit was confirmed, and the defendant had judgment for his costs.

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Bluebook (online)

15 Mass. 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whitney-v-peckham-mass-1818.