Massachusetts Supreme Judicial Court, 1871

Commonwealth v. Carey

Commonwealth v. Carey
Massachusetts Supreme Judicial Court · Decided November 15, 1871
108 Mass. 484

Counsel

A. jRuss, for the defendant., 0. Allen, Attorney General, for the Commonwealth.

Commonwealth v. Carey

Opinion of the Court

By the Court.

It does not appear by the bill of exceptions, that the Commonwealth’s attorney exercised any right of challenge. Until he was permitted to exercise it improperly, and did in fact exercise it, the question what the rule should be was not material, but was a mere moot question. A bill of exceptions must show that the question saved was material. Burke v. Savage, 13 Allen, 408.

Exceptions overruled.

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