Jennings v. Browne
Massachusetts Supreme Judicial Court
Motion to DISMISS. In the Police Court of the city of Springfield the respondent was found not guilty, and ordered to be discharged on a complaint under the bastardy act, Pub. Sts. c. 85; and the complainant appealed. The Superior Court allowed the respondent’s motion to dismiss the complaint; and the complainant appealed to this court.
1Opinion of the CourtAllen, J.
Proceedings of this character are founded wholly upon statute, and can only be maintained in accordance with provisions of the statutes. Fisher v. Shattuck, 17 Pick. 252. These provisions are found in Pub. Sts. c. 85. The proceedings cannot be begun in the Superior Court, and there is no way to get them into the Superior Court except in accordance with the provisions of the statutes. No provision is made for taking the case to the Superior Court when in the lower court the defendant is found not guilty, and is discharged. The particular prosecution is ended by such finding and discharge, and…
2Cases cited1 opinion
- Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1892
3Cited by1 opinion
- Barnes v. RyanMassachusetts Supreme Judicial Court · 1899