State v. Cox
Supreme Court of Arkansas
Appeal from the Circuit Court of Carroll county. At the October term., 1847, of the Oarroll Circuit Court, the grand jurors returned an indictment against Jackson A. Cox, charging that he committed an assault and battery on one James F. Crain, on the 10th day of December, 1846, in said county.
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Appeal from the Circuit Court of Carroll county. At the October term., 1847, of the Oarroll Circuit Court, the grand jurors returned an indictment against Jackson A. Cox, charging that he committed an assault and battery on one James F. Crain, on the 10th day of December, 1846, in said county. Defendant filed a plea to the jurisdiction of the court, alleging that by the act of 16th Dec., 1846, the court was divested of jurisdiction of the offence, and jurisdiction thereof given to justices of the peace; and averring that the offence charged in the indictment, if committed, was committed long…
1Opinion of the CourtOldham, J.
This case involves the constitutionality of the act of the General Assembly, approved December 16th, 1846, entitled “an act to define the jurisdiction and regulate the proceedings of justices’ courts, in cases of breach of the peace.” The act rests for support upon the third amendment of the constitution proposed at the session of 1844, and finally adopted at the session of 1846, as a part of the constitution. That amendment declares, that “the General Assembly shall have power to confer such jurisdiction as it may from time to time deem proper on justices of the peace in all matters of…
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