Commonwealth v. Teevens
Massachusetts Supreme Judicial Court
Contract against the sureties on a recognizance, which recited that Silas F. Washburn had been brought before the Municipal Court of the South Boston District in the city of Boston, on a complaint charging him with the crime of adultery, and was conditioned that he should personally appear before the Superior Court for the transaction of criminal business next to be holden at Boston, at April term, 1885, “ and then and there to answer to said complaint and abide the order…
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Contract against the sureties on a recognizance, which recited that Silas F. Washburn had been brought before the Municipal Court of the South Boston District in the city of Boston, on a complaint charging him with the crime of adultery, and was conditioned that he should personally appear before the Superior Court for the transaction of criminal business next to be holden at Boston, at April term, 1885, “ and then and there to answer to said complaint and abide the order and sentence of the court thereon, and also in like manner personally appear at any subsequent term of said court to which…
1Opinion of the CourtDevens, J.
The recognizance bound the principal to appear before the Superior Court to answer to a complaint for the crime of adultery. He was not in fact indicted in the Superior Court for that crime, but for lewd and lascivious cohabitation. Had an indictment been substituted for the complaint for the same offence as that therein described, the defendant contends that, as the principal could not have been tried in the Superior Court upon the complaint, (the offence being one of an indictable character,) the lower court had no authority to recognize the defendant to answer thereto, but should have…
2Cases cited5 opinions
- People v. StagerNew York Supreme Court · 1833
- Commonwealth v. ButlandMassachusetts Supreme Judicial Court · 1876
- People v. ClaryNew York Supreme Court · 1837
- Starr v. CommonwealthCourt of Appeals of Kentucky · 1838
- Keefhaver v. CommonwealthSupreme Court of Pennsylvania · 1830
3Cited by11 opinions
- Commonwealth v. THE STUYVESANT INSURANCE CO.Massachusetts Supreme Judicial Court · 1975
- West v. StateSupreme Court of Florida · 1915
- McNeilly v. DriscollMassachusetts Supreme Judicial Court · 1911
- Commonwealth v. McCluskyMassachusetts Supreme Judicial Court · 1890
- Little v. MathewsMassachusetts Supreme Judicial Court · 1944
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