Hannan v. Doherty
Massachusetts Supreme Judicial Court
Complaint to the Police Court of Newton, under the bastardy act, Pub. Sts. c. 85. The record of that court showed that the respondent, who was arrested upon a warrant duly issued, pleaded not guilty, and waived an examination, and was thereupon ordered by the court to give bond to the complainant, with sufficient sureties, in the sum of $400, for his appearance before the next term of the Superior Court holden for the transaction of civil business; and thereupon the…
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Complaint to the Police Court of Newton, under the bastardy act, Pub. Sts. c. 85. The record of that court showed that the respondent, who was arrested upon a warrant duly issued, pleaded not guilty, and waived an examination, and was thereupon ordered by the court to give bond to the complainant, with sufficient sureties, in the sum of $400, for his appearance before the next term of the Superior Court holden for the transaction of civil business; and thereupon the respondent gave the bond required. In the Superior Court, the respondent moved to dismiss the complaint, because there was no…
1Opinion of the CourtMorton, C. J.
The respondent was arrested upon a warrant duly issued, and, upon being brought before the Police Court of *568Newton, he waived an examination, and the court thereupon ordered him to give bond for his appearance before the Superior Court. We see no irregularity in this proceeding. By waiving an examination, the respondent waived his right to any further hearing before the Police Court, and voluntarily entered into a bond to' appear before the Superior Court.
If there had been any irregularity in the proceedings of the Police Court, he could not take advantage of it in the Superior Court. Duhamell…
2Cases cited2 opinions
- Duhamell v. DucetteMassachusetts Supreme Judicial Court · 1875
- Thompson v. KenneyMassachusetts Supreme Judicial Court · 1872
3Cited by2 opinions
- United States v. NapelaDistrict Court, N.D. New York · 1928
- Davis v. McEnaneyMassachusetts Supreme Judicial Court · 1890