
    Commonwealth vs. Bridget O. Loghlin.
    A defect in a warrant issued upon a complaint in a criminal case cannot be first objected to in arrest of judgment.
    Complaint against a common seller of intoxicating liquors, made and sworn to before Wendell T. Davis as justice of the peace for the county of Franklin, who as such issued a warrant thereon, directing the officers to whom it was addressed to bring the defendant “ before some trial justice in said county of Franklin,” and, upon her being brought before him, proceeded as a trial justice to try and convict her. She appealed to the superior court, and after trial and conviction there, moved in arrest of judgment: 1st, because the complaint was made to, and the warrant issued by, a trial justice in his capacity of justice of the peace, instead of himself as trial justice, or some other justice of the peace; 2d, because the name of the court or justice before whom the warrant was returned was not specified in the warrant as required by St. 1859, c. 236, § 1. Russell, J. overruled the motion, and the defendant alleged exceptions.
    
      W. Griswold, for the defendant.
    S. H. Phillips, (Attorney General,) for the Commonwealth.
   Metcalf, J.

This case is governed by that of Commonwealth v. Henry, 7 Cush. 512. Mr. Davis had authority as justice of the peace to receive the complaint and issue the warrant; and as trial justice he had jurisdiction of the offence with which the defendant was charged in the complaint. Sts. 1858, c. 138, § 1; 1859, c. 193. The objection to the irregularity in the form (if the warrant could not be first raised in arrest of judgment.

Exceptions overruled.  