Weiner v. Wentworth

• Decision Date: 01 March 1902
• Citation: 62 N.E. 992,181 Mass. 15
• Parties: WEINER v. WENTWORTH, Judge, et al.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

181 Mass. 15

62 N.E. 992

WEINER v. WENTWORTH, Judge, et al.

Supreme Judicial Court of Massachusetts, Suffolk.

March 1, 1902

COUNSEL

Moses I. F. Reuben, for petitioner.

J. D McLaughlin, for respondents.

OPINION

LATHROP J.

If we assume, without deciding, that a petition for a writ of mandamus is the appropriate proceeding in a case like this we are of opinion that the ruling of the single justice of this court denying the petition was right. St. 1893, c. 396 which revises and consolidates the laws relating to district and police courts, in section 47 provides: 'Every person convicted of an offence before a district or police court may appeal from the sentence to the superior court then next to be held in the county. The appellant shall be committed to abide the sentence of said court until he recognizes to the commonwealth, in such reasonable sum and with such surety or sureties as the court requires, with condition to appear at the court appealed to,' etc. St. 1894, c. 431, § 1, makes all the provisions of St. 1893, c. 396, apply to all police district, and municipal courts in the county of Suffolk, except the municipal court of the city of Boston. But by section 2 of said chapter it is provided that the municipal court of the city of Boston shall have all of the civil and criminal jurisdiction conferred upon police and district courts by the provisions of sections 12-53, both inclusive, of St. 1893, c. 396, in addition to the present jurisdiction of that court. Section 47 of the act above cited therefore applies. See, also, Pub. St. c. 154, §§ 39, 43. By section 62 of the same chapter 'the court shall be held for criminal business daily, except on Sundays and legal holidays, at nine o'clock in the forenoon.' The section in regard to an appeal does not state when the appeal is to be taken, and the question in this case is whether a person convicted has the entire day in which to take his appeal, or whether it should be taken before he is committed to serve his sentence. The question of the seasonableness of the appeal is to be determined not only by the duration of the sitting of the court, but by other provisions of the statutes. By Pub. St. c. 215, § 25, 'when a person convicted of an offence is sentenced to pay a fine or costs, or be imprisoned, * * * the clerk of the court shall, as soon as may be, make out and deliver to the sheriff of the county, or to some officer in court, a transcript from the minutes of the court of such conviction and sentence, duly certified by such...