In re Recognizance of Tomer
New York Court of General Session of the Peace
The defendants in this case were held by a Justice of the Peace upon the charge of violating certain of the election laws of the State of Delaware, same being a misdemeanor, and entered into recognizance for their appearance at Court. The case was sent up to the Court of General Sessions by the Justice during the November Term, 1900, but too late for the Grand Jury to act upon it, they having been discharged for the term. The defendants appeared.
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The defendants in this case were held by a Justice of the Peace upon the charge of violating certain of the election laws of the State of Delaware, same being a misdemeanor, and entered into recognizance for their appearance at Court. The case was sent up to the Court of General Sessions by the Justice during the November Term, 1900, but too late for the Grand Jury to act upon it, they having been discharged for the term. The defendants appeared. The Deputy Attorney- General asked that the cases be continued to the next term and that the defendants enter into a new recognizance for their…
1Opinion of the Court
Lore, C. J.:
I recall no practice of the kind referred to by the State, and it strikes me as' being a very remarkable practice,, unless under very peculiar circumstances. These men have simply entered into a recognizance to appear at this term of Court. Now they appear and while there is something in the office of the Attorney-General, there is nothing before us.
We decline to make the order asked for. They have met the condition of their recognizance and are entitled to go. The State can proceed again de nova.
2Cited by3 opinions
- State Ex Rel. Odenwald v. District CourtMontana Supreme Court · 1934
- Quillen v. BettsSupreme Court of Delaware · 1953
- In re KillcourseNew York Court of General Session of the Peace · 1918