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Dolan v. Commonwealth

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eBook details

  • Title: Dolan v. Commonwealth
  • Author : Supreme Court of Minnesota
  • Release Date : January 29, 1939
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 76 KB

Description

FIELD, Chief Justice. A writ of error issued from the Supreme Judicial Court upon a petition brought therefor by the plaintiff in error, see G.L.(Ter.Ed.) c. 250, 1, 2, 9-13, to re-examine a judgment entered in the Superior Court, whereby the plaintiff in error was sentenced to be confined in the common jail for a contempt of which he had been adJudged guilty. A single Justice of this court reserved and reported the case, see G.L.(Ter.Ed.) c. 211, 6; Liggett Durg Co. Inc. v. Board of License Commissioners of North Adams, Mass., 4 N.E.2d 628, and cases cited, upon the petition and assignment of errors as amended, the writ of error, plea [in nullo est erratum], writ of scire facias and the record and process herein filed of the Superior Court for the transaction of criminal business in Suffolk County, for the consideration of the full court. The writ of error addressed to the Chief Justice of the Superior Court commanded him to distinctly and openly send us the record and process of the suit aforesaid, with all things touching them. The Chief Justice filed a return containing, as he certified, such record and process with all things touching the same. But no transcript of the evidence taken at the trial on the merits was sent to the Supreme Judicial Court. The single Justice further reported as follows: * * * when the cause came before me the plaintiff in error brought forward a motion that suitable process issue to the end that a transcript of the evidence taken at the trial on the merits in the court below be made a part of the record; that I denied the motion subject to the exception of the plaintiff in error, and that it is agreed that if the denial of the motion was error, a duly authenticated transcript of the evidence before referred to may be presented to the Full Court for its consideration.


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