State v. Palmer

Pee Cueiam.

This is a criminal complaint for assault and battery. The complaint originated in a Justice Court, was carried to the Court of Common Pleas by appeal, and is brought here on exceptions. In the Justice Court the defendant moved to dismiss the complaint for defect in the recognizance, and renewed the motion in the Court of Common Pleas. The motion was overruled, which is the error alleged in the exceptions. The statute requires that on a complaint for assault and battery the complainant shall, before the warrant issues, give recognizance with surety “ to prosecute such complaint to…