State v. Belden

It is not necessary to consider whether the respondent was lawfully bound over. It is sufficient that there was no trial in the police court upon the merits. Marston v. Jenness, 11 N. H. 156, 158; State v. Runnals, 49 N. H. 498, 502; State v. Hodgkins, 42 N. H. 476. Upon this question the character of the order is conclusive. Commonwealth v. Harris, 8 Gray 470, 479. The hearing was only an examination to determine if there were probable grounds to hold the respondent to answer further. The police court must have ruled that the complaint sufficiently charged an aggravated assault, and, having…