Moore v. State ex rel. Clegg

Opinion of the court by

Mr. Justice Elliott.

Three persons were charged with a misdemeanor, and prosecuted by the State upon.the charge, before the appellant as a *52Justice of the Peace. The case was tried by a jury, and a verdict returned finding the defendants guilty, and assessing the fine of each at fifteen dollars. On the motion of the defendants in said prosecution, the justice granted a new trial. The relator applied for a writ ot mandate to compel the justice to enter judgment on the verdict of the jury, and an alternative writ issued.

In his return to the alternative writ, the appellant…