
    Commonwealth vs. John Lynch.
    Middlesex.
    Nov. 24.
    Dec. 1, 1884.
    Field, C. Allen, & Colburn, JJ., absent.
    The St. of 1882, c. 233, § 3, provided that “ the town of Marlborough shall constitute a judicial district under the jurisdiction of a court to be called the Police Court of Marlborough.” The record of proceedings upon a complaint to that court stated that they were had “ at the Police Court of Marlborough, in tile district of Marlborough, in the county of Middlesex, holden in said district.” Held, that the record showed sufficiently that the proceedings were within the judicial district of the court.
    Complaint to the Police Court of Marlborough, for keeping and maintaining a common nuisance, to wit, a certain tenement in Marlborough used for the illegal sale and illegal keeping of intoxicating liquors, on December 1, 1883, and on divers other days and times between that day and February 20, 1884.
    The record stated that the proceedings upon the complaint were had “ at the Police Court of Marlborough, in the district of Marlborough, in the county of Middlesex, holden in said district.”
    In the Superior Court, before the jury were empanelled, the defendant filed a motion to quash the complaint, for the following reasons: “ 1. The Superior Court has no jurisdiction. 2. It does not appear by the record in said case that, at the trial of said complaint, said Police Court of Marlborough was held within the town of Marlborough, or at any place within its jurisdiction.” Bacon, J., overruled the motion.
    The jury returned a verdict of guilty; and the defendant alleged exceptions.
    
      H. E. Fales, for the defendant.
    
      H. N. Shepard, Assistant Attorney General, for the Commonwealth.
   By the Court.

Under the statute, the town of Marlborough constitutes a judicial district under the jurisdiction of the Police Court of Marlborough. St. 1882, c. 233, § 3. The record states that the proceedings in this case were had “ at the Police Court of Marlborough, in the district of Marlborough, in the county of Middlesex, holden in said district.” This sufficiently shows that the proceedings were within the judicial district of the court, namely, in the town of Marlborough. There is no defect in the record, and the Superior Court had appellate jurisdiction of the case. Exceptions overruled.  