Massachusetts Supreme Judicial Court November 15, 1860 (Commonwealth v. Gorman)

Metcalf, J.

As there is no motion in arrest of judgment, we do not decide whether the complaint is sufficient to sustain the conviction. It was a matter of discretion with the judge whether he would dismiss the complaint, and his refusal so to do is not a legal ground of exception.

The testimony of the clerk of the town of Medway was legally admissible for the purpose for which it was admitted.