People ex rel. Pangborn v. Smith

• Decision Date: 03 February 1887
• Citation: 65 Mich. 1,31 N.W. 599
• Court: Michigan Supreme Court
• Parties: PEOPLE ex rel. PANGBORN v. SMITH.

31 N.W. 599

65 Mich. 1

PEOPLE ex rel. PANGBORN v. SMITH.

Supreme Court of Michigan

February 3, 1887

Certiorari to circuit court, Cass county.

John R. Carr, Pros. Atty., for the People.

Spafford Tryon, for respondent.

CHAMPLIN J.

Carrie Pangborn made complaint June 11, 1886, before DANIEL S JONES, a justice of the peace, charging Fred Smith with being the father of her unborn child. He was arrested and brought before the justice, June 11, 1886, and waived examination in relation to said charge. The justice thereupon made an order that, it appearing to him "that said offense had been committed, and that there is probable cause to believe said Fred Smith to be guilty of the commission thereof, I, the said justice, did therefore order the said Fred Smith to enter into a recognizance, with sufficient sureties, in the sum of four hundred dollars for his appearance at the next term of the circuit court, and on the first day of said term to answer the said charge." The accused then entered into a recognizance, and thereupon was discharged. This recognizance was conditioned that the said Fred Smith should be and appear personally at the next term of the circuit court to be held in and for the county of Cass on the ______ day of ________, A.D.1886, at Cassopolis, in said county then and there to answer to an indictment to be preferred against him for the offense above mentioned, and to do and receive what shall then and there by the court be enjoined upon him, and shall not depart the court without leave; then the recognizance to be void."

After the accused was discharged, and being advised that the recognizance was null and void as not being in compliance with the statute, the said Carrie Pangborn, on the ninth day of July, 1886, made a second complaint before the same justice against the said Fred Smith, charging him with being the father of her child, which, if born alive, would be a bastard. The justice issued a warrant, and Smith was arrested, and brought before the magistrate, and, after hearing him in his defense said justice ordered him to enter into a recognizance in the sum of $400, conditioned to appear and answer to the complaint at the next term of the circuit court for the county of Cass, and to abide the order of the court thereon. Whereupon said Smith did enter into the recognizance required by section 2005 of Howell's Statutes, with sureties satisfactory to the justice, and was thereupon discharged from custody, and left the state of Michigan, and went to the state of Indiana. The complaint first made, and the recognizance given thereon, were not filed with the clerk of the circuit court when the second complaint was made and warrant issued, but was treated as a nullity by the complaining witness and prosecuting attorney. Before the proceedings under the second complaint were concluded before the justice, and on the sixteenth day of July, 1886, the said first complaint, and proceedings under it, and the first recognizance, were filed with the clerk of the circuit court. The second complaint, and proceedings, and recognizance given therein, were filed with said clerk on the twenty-third day of August, 1886. The first day of the next regular term commenced on the twenty-seventh day of September, 1886, and the prosecuting attorney, treating...