Kennedy v. Shea
Massachusetts Supreme Judicial Court
Bastardy process. In the Superior Court, before trial, the respondent moved to dismiss the proceedings because only copies of the original papers of the proceedings before the magistrate to whom the complaint was originally made, were in court, but Brigham, C. J., overruled the motion, and the trial proceeded. The respondent requested the judge to rule that he could not be found guilty without the production of the original papers, but the judge refused so to rule.
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Bastardy process. In the Superior Court, before trial, the respondent moved to dismiss the proceedings because only copies of the original papers of the proceedings before the magistrate to whom the complaint was originally made, were in court, but Brigham, C. J., overruled the motion, and the trial proceeded. The respondent requested the judge to rule that he could not be found guilty without the production of the original papers, but the judge refused so to rule. The only evidence as to the place where the child was begotten was that it was a mile or more from the place alleged in the…
1Opinion of the Court
Ames,'J.
We find nothing in any existing statute upon the subject of bastardy that requires that the original papers, rather than certified copies of them, should be transmitted from the magistrate to the Superior Court. It is true that the magistrate *153cannot, take final jurisdiction of the case, and at most can only proceed so far as is necessary, under the statute, to require the respondent to give bond to appear and answer at the higher court. None of the cases cited import that the case must be tried upon the original papers, and the prevailing practice for a long period has been the other…
2Cited by8 opinions
- Commonwealth v. BaxterMassachusetts Supreme Judicial Court · 1929
- O'Brien v. StateCourt of Appeals of Maryland · 1915
- Breiner v. NugentSupreme Court of Iowa · 1907
- Duhamell v. DucetteMassachusetts Supreme Judicial Court · 1875
- Easdale v. ReynoldsMassachusetts Supreme Judicial Court · 1886
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