Legal Opinion

Barnes v. Ryan

Massachusetts Supreme Judicial Court

Decided July 3, 1899PublishedCited by 1 opinion

Complaint, under the bastardy act, Pub. Sts. c. 85. At the trial in the Superior Court, before Richardson, J., the jury returned a verdict of guilty; and the respondent alleged exceptions, which appear in the opinion.

1Opinion of the CourtLathrop, J.

The question in this case is whether a man who has been discharged by a police court after a hearing on a complaint for bastardy, can set up this discharge as a bar to a subsequent complaint for the same offence.

Both complaints were made to the police court of Lynn, under the Pub. Sts. c. 85, § 1, as amended by the Sts. of 1885, c. 289, and 1891, c. 367. The amendments do not, however, affect the case.

An examination of the provisions of the Pub. Sts. c. 85, shows that the jurisdiction of an inferior court in bastardy cases is a very limited one. By § 1, it may issue a warrant against the…

2Cases cited5 opinions

  1. Commonwealth v. SullivanMassachusetts Supreme Judicial Court · 1892
  2. Nicholson v. State ex rel. CollinsSupreme Court of Alabama · 1882
  3. Davis v. State ex rel. HughesIndiana Supreme Court · 1843
  4. In re ParkerSupreme Court of Kansas · 1890
  5. Jennings v. BrowneMassachusetts Supreme Judicial Court · 1897

3Cited by1 opinion

  1. Corcoran v. HigginsMassachusetts Supreme Judicial Court · 1907

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