153 A. 654 | Conn. | 1931
The record of the justice court is a printed form, used in criminal cases in such courts. It recites the complaint of the grand juror; the issuance of a warrant; that the accused was brought before a justice court holden at Salisbury on July 11th, 1930, charged with breach of the peace, and, being a minor under twenty-one years of age, a guardian ad litem was appointed; that the accused, through his guardian, pleaded not guilty; that the court, after inquiring into the facts stated in the complaint, found the accused guilty in manner and form as therein alleged, and that, thereupon, it was ordered and considered by the court that the John Ashman case be nolled on payment of costs, taxed at $13.56; and that he stand committed until judgment be performed. On the back of the paper is a printed file with appropriate blanks, on which is endorsed the name of the case and the following: "Complaint for breach of peace. Defendant, being a minor, . . . Mrs. D. M. Ashman was appointed guardian ad litem. Plea not guilty. Found — guilty. Ordered Nolle on payment of costs, and costs taxed at $13.56. And in default thereof, to stand committed until sentence be performed. . . . Appeal to September Term, 1930. Recognized in $50 cash paid." The signature of the justice followed. The words "Found — guilty" were printed. The words "Nolle on payment of costs" were typewritten. On this record, it appears that the justice disposed of this case, after *601
hearing, by imposing a sentence upon the accused that he pay the costs of prosecution, taxed at $13.56, and in default thereof stand committed until judgment be complied with, as a condition to the entry of a nolle dismissing the case. "In a criminal case it is the imposition of sentence which is the judgment of the court." State v. Lindsey,
It is well settled in this State, that an appeal from the judgment of a justice of the peace vacates the judgment of the justice, and the case stands in the appellate court precisely as though brought there in the first instance. State v. Hartwick,
There is error, and the case is remanded to the Court of Common Pleas for further proceedings in accordance with law.
In this opinion the other judges concurred.