153 Mass. 444 | Mass. | 1891
The defendant in this case was charged with the illegal keeping of intoxicating liquor with intent to sell it. The case was heard in the First District Court of Southern Middlesex, before Lucius H. Wakefield, first special justice of the court, who found the defendant guilty. The defendant appealed, and was tried in the Superior Court, and a verdict of guilty rendered against him. After the verdict in the Superior Court, and before judgment, the defendant moved in arrest of judgment, on the ground that the copy of the record which was sent up from the District Court did not show that the first special justice had authority to act. Thereupon the district attorney asked for leave to introduce an amended copy of the record
It has often been held in an appealed criminal case, that, where there is an error in the copy of the record of the proceedings in the court below, an amended copy may be filed at any time before the case is submitted to the jury. Commonwealth v. Phillips, 11 Pick. 28. Commonwealth v. Kelly, 12 Gray, 123. Commonwealth v. Magoun, 14 Gray, 398. Commonwealth v. Wiggin, 111 Mass. 428. Commonwealth v. Foynes, 126 Mass. 267. Commonwealth v. Sullivan, 138 Mass. 191. The effect of such an amendment upon a question relating merely to the jurisdiction of the court is, if the amended record shows jurisdiction, not only to establish the jurisdiction of the court from the time when the amendment is made, but also to show that there was jurisdiction from the beginning, and to establish the validity of everything properly done under the jurisdiction as it then appears.
In the present case, no objection was raised to any of the proceedings until after the jury had rendered their verdict. Then a motion in arrest of judgment was made, on the ground that it did not appear from the record that the special justice was authorized to act at the trial in the district court. This defect, if it had not been remedied, would have been fatal to the proceedings. Commonwealth v. Fay, 151 Mass. 380. But a motion in arrest of judgment can only be allowed for a cause affecting the jurisdiction of the court. Pub. Sts. c. 214, § 27. Commonwealth v. Brown, 150 Mass. 334. Then for the first time the defendant raised the question whether the court had jurisdiction. This question was to be determined by the record of the case; but it was to be determined by the true record, and not by a false one. If the record was then incorrect, it was proper
The cases of Commonwealth v. Foynes, 126 Mass. 267, and Commonwealth v. Le Clair, 147 Mass. 539, establish the doctrine that it is not too late to amend a record in a criminal case, and cure a defect showing an apparent want of jurisdiction, after the jury have rendered a verdict and the defendant has moved in arrest of judgment. See also Commonwealth v. Fay, 151 Mass. 380. In both of these cases it appeared by the amended record that the trial proceeded on a wrong complaint, and for that reason no judgment could be rendered without a new trial. But in the present case there is no occasion for a new trial. The cor- . rection of the record is in a particular which was not involved or referred to on the trial. The amendment shows that the trial was properly had on the complaint which was originally made in the district court, and that the court at all times had jurisdiction. If a new trial were ordered, there would be no reason
Order overruling motion in arrest of judgment affirmed.
Exceptions overruled.