State v. Chappell
Supreme Court of Rhode Island
Criminal Complaint. Certified to Appellate Division on motion to quash.
1Opinion of the CourtStiness, C. J.
This case is certified to us on a motion to quash, because the warrant was not properly issued.
The complaint was made to an assistant justice of the third judicial district, and the warrant was issued and signed by him, as such assistant justice. The objections to the warrant are (1) that the assistant justice had no legal authority to issue the warrant; (2) that it was not signed as the statute requires; (3) that, at the time of the complaint, there was no assistant justice in said district legally appointed or qualified.(1) The provision for the appointment of an assistant justice is in…
2Cases cited3 opinions
- Commonwealth v. BrusieMassachusetts Supreme Judicial Court · 1887
- Commonwealth v. MosherMassachusetts Supreme Judicial Court · 1883
- Commonwealth v. BrownMassachusetts Supreme Judicial Court · 1893