State v. Thibodeau

The question transferred, whether the court erred in denying the defendant’s motion to dismiss the complaint, depends upon whether a finding that the complaint was not sworn to is compelled as a matter of law. The record shows that the officer who made out the complaint testified without contradiction that he did so on July 7th and that it was signed in his presence “on the 8th” by the same judge who later heard the case. There then appear certain interrogatories by defendant’s counsel and the officer’s answers upon which the defendant bases his motion for dismissal.

“Q. Were you here on the…