Commonwealth v. Loveridge
Massachusetts Supreme Judicial Court
This was a scire facias brought against the defendant upon a recognizance certified by a justice of the peace for the county of Franklin conditioned for the defendant’s personal appearance at some former term of this Court in this county, to answer to such matters and things as should be objected against him on behalf of the commonwealth, and especially to the complaint of J. C., of, &c., for Trilling J. C., Sen., late of, &c.
1Opinion of the Court
The statute of 1783, c. 51, vesting certain powers in justices of the peace in criminal cases, requires them to commit to prison all persons guilty, or suspected to be guilty, of manslaughter, murder, and other capital offences, and [ * 338 ] to hold to bail those guilty of lesser * offences. The justice in this case, then, was wholly unauthorized to take this recognizance, which is therefore merely void. And the Court being of this opinion, the Solicitor-General entered a nolle prosequi to the scire facias.
2Cited by15 opinions
- People v. KaneNew York Supreme Court · 1847
- Sauskelonis v. City of New BritainSupreme Court of Connecticut · 1915
- Cooper v. MowryMassachusetts Supreme Judicial Court · 1819
- Williams v. ShelbyOregon Supreme Court · 1865
- City & County of San Francisco v. HartnettCalifornia Court of Appeal · 1905
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