Commonwealth v. Henry
Massachusetts Supreme Judicial Court
This was a complaint for an assault and battery, and was addressed “ to James W. Crooks, Esq., one of the justices of the peace within and for the county of Hampden.” Crooks administered the oath to the complainant, as “justice of the peace;” and issued a warrant, signed by himself, as “justice of the peace,” requiring the officers, to whom it was directed, to bring the defendant before “the subscriber, or some other justice of the peace within and for said county.”
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This was a complaint for an assault and battery, and was addressed “ to James W. Crooks, Esq., one of the justices of the peace within and for the county of Hampden.” Crooks administered the oath to the complainant, as “justice of the peace;” and issued a warrant, signed by himself, as “justice of the peace,” requiring the officers, to whom it was directed, to bring the defendant before “the subscriber, or some other justice of the peace within and for said county.” At the time of issuing this warrant, Crooks held commissions both of justice of the peace and of trial justice, for the county…
1Opinion of the CourtMetcalf, J.
It is provided, by St. 1850, c. 314, § 4, that any justice of the peace may receive a complaint and issue a warrant, in a criminal case, as heretofore, but that the warrant, so issued, shall require the officer, who serves it, to carry the party, therein directed to be arrested, before a trial justice, who is authorized to proceed as though the warrant had been issued by a trial justice.' In the present case, the complaint was made to Mr. Crooks, as justice of the peace; he signed the warrant as justice of the peace; and therein commanded that the defendant should be brought before him or…
2Cited by2 opinions
- State v. . CaleSupreme Court of North Carolina · 1909
- State v. . TurnerSupreme Court of North Carolina · 1915