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5 Del. 387

Proctor v. State

Superior Court of Delaware

Decided July 1, 1852

Superior Court of Delaware · decided 1852-07-01

The record was as follows:— Capias issued February 7, 1855, by Justice Hazzard, to any constable of Sussex county, commanding him “ to bring Elisha Proctor, free negro, forthwith to answer to a complaint of non-residence. “ The State of Delaware vs. Elisha Proctor, n.—Coming into this State a non-resident free negro.

Decided 1852-07-01

The Court

¶1reversed the judgment, on the ground that the record did not show at what time the offence was committed; nor against what law, whether the act of 1851 or the Revised Code of 1853.

¶2In a specially delegated jurisdiction and a proceeding under a penal law, the record must show every thing requisite to bring the case within the jurisdiction, and the offence within the law. That is not done in this case. The charge for which the defendant was arrested, is indeed no offence at all. Neither had the magistrate found him guilty of any offence, unless it be by inference, from having heard “ the allegations and proofs of the parties.”

¶3Judgment reversed.

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