8 Conn. 375 | Conn. | 1831
To the convictions introduced by the defendant, it was objected, 1. That no previous complaint and warrant were shewn. By our statute regarding crimes and punishments (sect. 102.) it is enacted, that “when any justice of the peace shall have plain view or personal knowledge of any person’s being guilty of drunkenness, profane swearing,
It was said, that if the justice might thus arrest him, he must use the ordinary means to detain him. It might as well be said, that for a contempt the court cannot order the offender into custody without warrant. In either case, the court viewing the offence committed, and having, therefore, a right to punish it, is not bound to suffer the chance of escape until a warrant is made out. The court has the power to enforce its own decrees, as well as vindicate its own honour.
This construction is in conformity to ancient practice ; and is fairly inferred from the last clause of the statute: “But no judgment shall be rendered, by a justice of the peace, against any person, for any other offence, whether on confession or otherwise, without previous complaint and warrant;"—clearly implying, that in this case, it may be done without complaint and warrant.
It was also claimed, that it appears to have been but one offence; and therefore, the justice exceeded his jurisdiction. To this point Crepps v. Durden & al. Cowp. 640. is cited. There it was very properly holden, that a statute punishing a man for pursuing his ordinary trade on Sunday, should not be so construed, as that a baker should be fined for every baking on that day. But that does not tend to prove, that the uttering of several different oaths, on the same day, may not be several distinct offences. Here they are stated to be several convictions on the same day; and unless the court can say, that there cannot be several distinct instances of profane cursing, by the same offender, of one person, they cannot, upon this ground, adjudge the convictions void.
It was also objected, that the records of the justice were not conclusive, to prove, that the plaintiff was brought before the justice; but that the plaintiff might shew that that fact was not true; in support of which the case of Aldrich v. Kinney, 4 Conn. Rep. 380. was cited. That case proceeded not on the ground of contradicting the record where notice was found, but upon the idea that the record in that case imported nothing but that A. B. claimed to be the attorney of the defendant. 4 Conn. Rep. 387. But here the record shews, that Holcomb was required to make answer, and refused. To admit proof, therefore, that he was not present, would be to admit proof directly to contradict the record; for the record proves as well the presence of the party as the judgment against him; and when that fact is expressly found, the verity of the record is as much attacked, by denying this fact, as the fact of any judgment rendered.
It is said, that in New-York, it has been allowed to negate such a record. It ought, however, to have been added, that in
I see no ground for a new trial.
New trial not to be granted.