Commonwealth v. Otis
Massachusetts Supreme Judicial Court
The defendant was some years since convicted in this Court of the crime of forgery; and after the verdict, and before sentence was passed upon him, being at large under a recognizance, he avoided, and withdrew into one of the neighboring states.
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The defendant was some years since convicted in this Court of the crime of forgery; and after the verdict, and before sentence was passed upon him, being at large under a recognizance, he avoided, and withdrew into one of the neighboring states. Upon application of the executive authority of this commonwealth, he was surrendered and * brought hither; and [ * 199 ] being carried before a justice of the peace for this county, he entered into a recognizance with sureties for his appearance at the last October term of the Court, and abiding the order of Court concerning him. At that term he was…
1Opinion of the CourtParker, C. J.
A justice of the peace has no right to take a recognizance, except under the statutes giving that magistrate jurisdiction. The general power of justices in criminal cases is defined in the statute of 1783, c. 50.
They are to punish by fine all assaults and batteries, that are not of a high and aggravated nature ; to cause to be stayed and arrested all affrayers, rioters, disturbers and breakers of the peace; and to bind them by recognizance, &c. They are to examine into all homicides, murders, treasons and felonies, done and committed in their counties, and commit to prison, &c. And to hold to…
2Cited by10 opinions
- United States v. HudsonDistrict Court, W.D. Arkansas · 1894
- Sauskelonis v. City of New BritainSupreme Court of Connecticut · 1915
- Morrow v. StateSupreme Court of Kansas · 1870
- Territory of Oklahoma Ex Rel. Thacker v. WoodringSupreme Court of Oklahoma · 1905
- Kay v. StateAlabama Court of Appeals · 1948
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