Commonwealth v. Hutchinson

By the Recorder:

It may be said that the expression at length, and in writing, of an opinion of the magistrate before whom a primary hearing, exparte, is had, on holding the party charged to answer before the proper tribunal, is calculated to prejudice his rights and interests on the trial by a jury. Reflection will convince all, that no injury can follow such a course, but on the contrary, much good will result to the community at large, and to the individual who may be the immediate object of its operation.

If the magistrate forms any opinion, it must be expressed, either by the binding over…