State v. Peabody

The defendant moves in arrest of judgment, on the ground that the complainant is dead.

The record shows that one John P. Burdick, of Westerly, instituted a criminal complaint against the defendant on the 9th day of August, 1901, under the provision of Gen. Laws R. I. cap. 281, § 24, charging him with nonsupport of his children. The complainant, not being a public official authorized by section 25 of said chapter to make such complaint, gave surety for costs in the usual way. See State v. Woodmansee, 19 R. I. 651.

The record further shows that the defendant was tried and convicted of said…