Legal Opinion
State v. Boyles
New York Court of General Session of the Peace
Decided November 6, 1935PublishedCited by 6 opinions
1Opinion of the Court
Rodney, J.,
delivering the opinion of the Court:
In Town of Dover v. Tawressey, 2 Marv. (16 Del.) 285, 43 A. 170, 172, it was held that criminal prosecutions for violations of State statutes must be conducted in the name of the State of Delaware and not in the name of a municipality. In that case, because the prosecution had been in the.name of the municipality and not of the State of Delaware, the Court held:
“The hearing, judgment, fine, and imprisonment in such name were unauthorized and illegal, and the judgment must therefore be reversed.”
*225Upon the authority of the cited case and upon…
2Cases cited4 opinions
- Kepner v. United StatesSupreme Court of the United States · 1904
- Murphy v. MassachusettsSupreme Court of the United States · 1900
- Morrisette v. StateSupreme Court of Alabama · 1884
- Hall v. StateNew York Court of General Session of the Peace · 1926
3Cited by6 opinions
- Petition of HoveySupreme Court of Delaware · 1988
- State v. HollandWest Virginia Supreme Court · 1965
- State v. DavisNew Jersey Superior Court Appellate Division · 1960
- Danks v. StateSupreme Court of Delaware · 1967
- State v. MunsonSuperior Court of Delaware · 1968
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