Legal Opinion

Lester v. State

Supreme Court of Connecticut

Decided June 15, 1836PublishedCited by 10 opinions

This was a petition for a new trial. From the statements set forth in the petition, it appears, that on the 26th day of May, I S31, the petitioners and one Thomas Vandola were bound over to the superior court, then next to be holden in the county of Fairfield, on the charge of burglary : That having failed to procure bonds for their appearance, they were committed to the gaol in Fairfield, by virtue of a mittimus, issued by Stephen Smith, Esq., the justice before whom the…

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This was a petition for a new trial. From the statements set forth in the petition, it appears, that on the 26th day of May, I S31, the petitioners and one Thomas Vandola were bound over to the superior court, then next to be holden in the county of Fairfield, on the charge of burglary : That having failed to procure bonds for their appearance, they were committed to the gaol in Fairfield, by virtue of a mittimus, issued by Stephen Smith, Esq., the justice before whom the complaint of the grand juror was made returnable: That on the 29th day of June, 1834, and while held in prison in virtue…

1Opinion of the CourtBissell, J.

The mittimus is claimed to he void on the ground that the petitioners and Vandole were ordered to be*418come jointly bound, with sureties, for their appearance: that each was to become bound, not only for his own appearance, but for the appearance of the others. But the view taken of this case, by the court, renders it unnecessary for them to express any opinion upon the question regarding the validity of the mittimus. The objections taken to it, if well founded, are purely technical;-and there are are other grounds, upon which, we are clearly of opinion, that this application must be denied.

It…

2Cases cited3 opinions

  1. Barber v. BraceSupreme Court of Connecticut · 1819
  2. Lewis v. HawleySupreme Court of Connecticut · 1814
  3. Welles v. CowlesSupreme Court of Connecticut · 1822

3Cited by10 opinions

  1. Andersen v. StateSupreme Court of Connecticut · 1876
  2. State v. LeeSupreme Court of Connecticut · 1897
  3. Hamlin v. StateSupreme Court of Connecticut · 1880
  4. Wood v. HolahSupreme Court of Connecticut · 1907
  5. Parsons v. PlattSupreme Court of Connecticut · 1871

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