State v. Wright

Rodney, J.,

delivering the opinion of the Court:

The question primarily raised by this action is whether an appeal will lie on behalf of the State from a judgment of a Justice of the Peace by which the defendant was discharged when arraigned on a charge of bastardy.

It seems to be assumed by counsel that the underlying and controlling question is as to the nature and form of *554the proceedings, viz: Whether the proceedings be criminal or civil in nature, although in the view that I take of the matter, as hereinafter set out, this question may not be entirely controlling.

It seems to be tacitly…