Massachusetts Supreme Judicial Court, 1869

Commonwealth v. Harvey

Commonwealth v. Harvey
Massachusetts Supreme Judicial Court · Decided November 15, 1869 · Wells
103 Mass. 451

Commonwealth v. Harvey

Opinion of the Court

Wells, J.

The first four grounds for the motion to quash are waived upon the argument here. The fifth ground is based upon a clerical omission of the word “ is,” which does not leave the meaning of the record in doubt. It clearly appears that the defendant was asked whether guilty or not guilty; that he refused to plead; that the court ordered the plea of “ not guilty ” entered for him; and that upon that plea he was tried and convicted. The sixth ground is disposed of in the case of Commonwealth v. Intoxicating Liquors, ante, 448.

Motion to quash overruled.

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