Commonwealth v. Mahoney
| Decision Date | 22 June 1874 |
| Citation | 115 Mass. 151 |
| Parties | Commonwealth v. John Mahoney |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Suffolk. Complaint on the St. of 1869, c. 415, §§ 31, 36, to the Municipal Court of the city of Boston averring that the defendant, on January 20, 1874, kept intoxicating liquors with intent to sell the same. The defendant pleaded guilty in the Municipal Court and was sentenced, but appealed.
In the Superior Court the district attorney moved for sentence; the defendant objected and claimed a trial by jury. The objection was overruled by Wilkinson, J., and the defendant excepted.
Exceptions overruled.
A. O. Brewster, for the defendant.
C. R. Train, Attorney General, & W. G. Colburn, Assistant Attorney General, for the Commonwealth.
A defendant in a criminal case, who has once pleaded to the charge against him, has no right to withdraw his plea, but is confined to the issues of law or fact thereby raised or left open, unless the court in which the case is pending sees fit to exercise the discretion of allowing him to withdraw it and plead anew. If he appeals from a judgment against him in the court in which his plea is first made, the appeal indeed vacates the judgment, but it does not multiply his grounds of defence or enlarge the issue once joined between the Commonwealth and himself. The same defences are open to him in the appellate court as in the court below, and no other. Commonwealth v. Blake, 12 Allen 188. If he pleads guilty upon his first arraignment, and his plea is received by the court and recorded, it is an admission of all facts well charged in the indictment or complaint, and a waiver of his right of trial by jury thereon, and, unless withdrawn by special leave of court, or a motion is interposed in arrest of judgment for legal defects apparent on the record, leaves nothing to be done but to pass sentence. Gen. Sts. c. 158, § 5. Commonwealth v. Winton, 108 Mass. 485.
Exceptions overruled.
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State ex rel. Harvey v. Newton
... ... can be had or sentence passed, for the law is well ... established." See, also, Commonwealth v ... Mahoney, 115 Mass. 151 ... Appellant ... attempted not only to appeal from the final order, but also ... from the ... ...
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Griffin v. State
...10 N. E. 421; State v. Shanley, 38 W. Va. 516, 18 S.' E. 734; Clark v. State, 57 N. J. Law, 489, 31 Atl. 979; Commonwealth v. Mahoney, 115 Mass. 151; U. S. v. Bayaud (C. C.) 23 Fed. 721; Beatty v. Roberts, 125 Iowa, 619, 101 N. W. 462; State v. Richardson, 98 Mo. 564, 12 S. W. 245; Mounts v......
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Griffin v. State
...State, 109 Ind. 545, 10 N.E. 421; State v. Shanley, 38 W.Va. 516, 18 S.E. 734; Clark v. State, 57 N. J. Law, 489, 31 A. 979; Commonwealth v. Mahoney, 115 Mass. 151; U.S. Bayaud (C. C.) 23 F. 721; Beatty v. Roberts, 125 Iowa 619, 101 N.W. 462; State v. Richardson, 98 Mo. 564, 12 S.W. 245; Mo......
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State ex rel. Harvey v. Newton
...and, if no offense be charged, then no conviction can be had or sentence passed, for the law is well established.” See, also, Commonwealth v. Mahoney, 115 Mass. 151. Appellant attempted not only to appeal from the final order, but also from the order thereafter made, refusing to vacate such......