State Treasurer v. Rice
Supreme Court of Vermont
This was a scire facias on a recognizance. The facts, as alleged in the declaration, were, that on the 12th day of March, 1836, Daniel Rounds presented his complaint to a justice of the peace for the county of Windham;'against Rufus Rice, one of the defendants in this casé, charging the latter with having forged a note, purporting to have been signed by one Willard Dean, since deceased, of whose estate the complainant was a creditor.
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This was a scire facias on a recognizance. The facts, as alleged in the declaration, were, that on the 12th day of March, 1836, Daniel Rounds presented his complaint to a justice of the peace for the county of Windham;'against Rufus Rice, one of the defendants in this casé, charging the latter with having forged a note, purporting to have been signed by one Willard Dean, since deceased, of whose estate the complainant was a creditor. The complaint was duly sworn to* On that complaint the justice of the peace issued his warrant, against the said Rice, having first taken a recognizance to…
1Opinion of the Court
The opinion of the court was delivered by
Williams, C. J.
It is evident that the proceedings in this case were had on the supposition that they were founded on, and to be regulated by the 7th and 8th sections of the *343statute, relating to fines, costs and 'recognizances, and the , , , & \ , . argument has raised an inquiry as to the powers and duties of justices of the peace, and private prosecutors. There is a striking and important difference in prosecutions for criminal offences here and in England. In this state, prosecutions for offences before the county court, which has original and…
2Cited by5 opinions
- Burks v. StateCourt of Criminal Appeals of Oklahoma · 1938
- In re BarkerSupreme Court of Vermont · 1884
- McNamee v. BuckSupreme Court of Vermont · 1856
- Cox v. PerkinsSupreme Court of Georgia · 1921
- State v. FreemanSupreme Court of Vermont · 1887