Newell v. State

Supreme Court of Connecticut
Newell v. State, 2 Conn. 38 (Conn. 1816)
Other, Severally, Swirr

Newell v. State

Opinion of the Court

Swirr, Ch. J.

The question is, what is intended by exhibiting a complaint, or information, in criminal cases. The presentment of the complaint, signed by some proper informing officer, to a court or public officer, who has authority to receive the same, and to issue a warrant te apprehend the offender, and bring him to trial, must be a compliance with the law. In this case, a justice of the peace had power to cause the offender to be apprehended; and though be had not final cognizance of the offence, he had pow er to take proper measures to cause him to appear before a court of competent jurisdiction to try him. To exhibit the information to such public officer, is a strict and literal compliance with the statute; and such has been the immemorial and uniform usage in the state. And unless such power is given to single ministers of justice, a very convenient opportunity would often be afforded to offenders, to escape from justice.

I think there is no error in the judgment complained of.

In this opinion the other Judges severally concurred.

Judgment affirmed.

Reference

Full Case Name
Newell against The State of Connecticut
Cited By
7 cases
Status
Published