Newell v. State

2 Conn. 38

• Court: Supreme Court of Connecticut
• Decided: November 15, 1816
• Status: Published

Opinion

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.