State v. Freeman
Supreme Court of Vermont
ComplaiNT by a private prosecutrix for a breach of the peace. Heard on a motion to quash, December Term, 1886, Walker, J., presiding. The cause was a complaint of a private prosecutrix before a justice, and came to the County Court on appeal.
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ComplaiNT by a private prosecutrix for a breach of the peace. Heard on a motion to quash, December Term, 1886, Walker, J., presiding. The cause was a complaint of a private prosecutrix before a justice, and came to the County Court on appeal. Motion to quash was made in the justice court on the g'round that it did not appear that the complaint was sworn to by the complainant, The motion was overruled, and the notary public was allowed to append the certificate of oath to the complaint, and the court found that it was sworn to before the warrant was issued. The other facts are stated in the…
1Opinion of the Court
The opinion of the court was delivered by
Veazey, J.
This was a complaint by a private prosecutrix for breach of the peace. The motion to quash was put on two grounds, viz. : first, that the prosecutrix did not make oath to the complaint; second, that no certificate of an oath was appended to the complaint before arrest of the respondent under the warrant.
As to the first point, it appeal’s that an oath was taken, but it was by an officer authorized by statute to administer oiiths R. L., section 4555—other than the magistrate who issued the warrant. The constitution, ch. 1, article 11, forbids…
2Cases cited4 opinions
- State v. SoraganSupreme Court of Vermont · 1867
- Muzzy v. HowardSupreme Court of Vermont · 1869
- State Treasurer v. RiceSupreme Court of Vermont · 1839
- State v. J. H.Supreme Court of Vermont · 1802
3Cited by4 opinions
- Shuler v. StateSupreme Court of Georgia · 1906
- Burks v. StateCourt of Criminal Appeals of Oklahoma · 1938
- Cox v. PerkinsSupreme Court of Georgia · 1921
- Richardson v. RossWest Virginia Supreme Court · 1932