[DOWNLOAD] "Commonwealth v. Connolly" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free

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• Title: Commonwealth v. Connolly
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 31, 1941
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 72 KB

Description

LUMMUS, Justice. These are two indictments against a former elected clerk of the Superior Court of the county of Suffolk for civil business, for corruptly requesting and accepting bribes. G.L.(Ter.Ed.) c. 268, § 8. The first indictment, numbered 626, was in four counts, each of which alleged that the defendant 'being a county officer, to wit' such clerk, 'did corruptly request and accept from' a named person a specified sum of money 'under an agreement and with the understanding that his, the said John P. Connolly's vote, opinion, judgment and decision should be given in a particular manner, and upon a particular side of a question, cause and proceeding which was then pending, and which might by law come and be brought before him, the said John P. Connolly, in his official capacity' as such clerk and that in that capacity 'he, the said John P. Connolly, should make a particular nomination and appointment.' Specifications filed as to each count set forth that the defendant as clerk had final authority to hire, discharge and continue in employment certain employees attached to his office, and that in consideration of the payment of a specified amount of money to a third person named, he promised to employ or continue in employment the person paying the money. The second indictment, numbered 646, originally contained eleven similar counts which were accompanied by similar specifications, but only eight of these latter counts were submitted to the jury. A summary of the counts submitted to the jury appears in a footnote. 1 The change in the mode of selection of clerks of courts, from appointive to elective, was made by Article 19 of the Amendments to the Constitution, approved by the people on May 23, 1855, which reads: 'The legislature shall prescribe, by general law, for the election of * * * clerks of the courts, by the people of the several counties, * * * for such term of office as the legislature shall prescribe.' Opinion of the Justices, 117 Mass. 603; Commonwealth v. Mather, 121 Mass. 65 G.L.(Ter.Ed.) c. 221, § 3, provides for a clerk for the Superior Court of the county of Suffolk for civil business, who shall hold office for six years beginning with the first Wednesday of January following his election. In 1934 and again in 1940 such a clerk was to be chosen in Suffolk, c. 54, §§ 62, 155. The person elected in 1934 having died, the defendant was elected at the biennial election in November, 1936, to serve during the unexpired term, or until January, 1941, as provided by c. 54, § 142. He qualified and took office on December 1, 1936. He continued in office until he resigned on July 19, 1939, on the eve of a hearing under c. 211, § 4, for his removal from office upon a petition which was based in part upon the transactions upon which these indictments are based.

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