
    Commonwealth vs. John Bestin.
    No appeal lies from the court of common pleas to this court in a criminal case; but the remedy is by exceptions.
    Indictment on St. 1855, c. 215, §§ 15, 17, for unlawful sales of intoxicating liquors. The defendant demurred, and specially assigned the causes of demurrer. The court of common pleas in Hampshire overruled the demurrer, and the defendant, upon a trial, was found guilty, and then moved in arrest of judgment, which motion was also overruled; and he appealed to this court.
    
      G. M. Stearns, for the defendant.
    
      S. H. Phillips, (Attorney General,) for the Commonwealth,
    contended that no appeal lay from the court of common pleas to this court in a criminal case — that right having been abolished by St. 1839, c. 161; and the St. of 1840, c. 87, giving an appeal in all matters of law apparent upon the face of the record, being confined to civil cases — and that the defendant should have filed a bill of exceptions. And of that opinion were the court. Case remitted to court of common pleas.
    
     