State v. Sullivan
Supreme Court of Rhode Island
Exceptions to the Court of Common Pleas. This case was a complaint and warrant brought under Public Laws, cap. 288, § 2, of March 19, 1878. The complaint, as provided by the statute, was made by “ George A. Simmons, overseer of the poor of the city of Newport.”
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Exceptions to the Court of Common Pleas. This case was a complaint and warrant brought under Public Laws, cap. 288, § 2, of March 19, 1878. The complaint, as provided by the statute, was made by “ George A. Simmons, overseer of the poor of the city of Newport.” The record in the Justice Court of Newport shows that the defendant was arraigned, pleaded not guilty, “ and recognized with surety in the sum of $500, to personally appear at the next term of the Court of Common Pleas after the birth of the child.” Pending the proceedings Simmons died. The case was heard at the May Term of the Court…
1Opinion of the Court
Newport,
Duueee, C. J.
This is a proceeding in bastardy under Pub. Laws, cap. 288, March 19, 1873. It comes before us on exceptions to rulings in the Court of Common Pleas.
The first exception shows that at the time the complaint was made and first heard the child had not been born; and accordingly the defendant was required, as provided by § 4 of said chapter 288, to give recognizance for his appearance before the court of Common Pleas at the term thereof “ next after the birth of said child,” the condition of the recognizance following in this respect the language of the statute. In the Court…
2Cases cited3 opinions
- Speed v. CrawfordCourt of Appeals of Kentucky · 1860
- Seale v. McClanahanSupreme Court of Alabama · 1852
- Mahoney v. CrowleySupreme Judicial Court of Maine · 1853
3Cited by1 opinion
- State v. MullenSupreme Court of Rhode Island · 1959