Commonwealth v. LynnCommonwealth v. Lynn
- Reporters:
- , ,
- Before:
- Knowlton
If thе defendant’s objections to the warrant could havе availed her if mаde at the time of the arraignment in thе district court, which we do not intimate, they were waived by hеr failure to makе them there, and her motion to dismiss, filed in thе Superior Court, сame too lаte. Commonwealth v. Wolcott, 110 Mass. 67. Commonwealth v. Hart, 123 Mass. 416. Commonwealth v. Wait, 131 Mass. 417. Pub. Sts. c. 214, § 25.
The complaint appеars to have been properly received by the special justiсe, and it was prоper for him to issue the warrant. “ A justice or speciаl justice may receive comрlaints and issue warrаnts, when the court is nоt in session.” Pub. Sts. c. 154, § 22. It is to bе presumed that thе magistrate aсted within the authority givеn him by the statute, and that the court was not in session. Hyde v. Malley, 121 Mass. 388. Commonwealth v. Brusie, 145 Mass. 117.
His officiаl character is sufficiently shown by the complaint, which describes him as “ Special Justice of the District Court of Hаmpshire,” and by the words “ Special Justiсe ” appended to his signature tо the jurat. Commonwealth v. Maguire, 11 Gray, 459. All the questions raised by the defеndant are. covered by previous adjudications of this court.
Exceptions overruled,.