Hubbard v. Dorr

Opinion op the Court

by Judge Clarke.

This is an original action in this court, by which the plaintiff, John Hubbard, seeks a writ of prohibition to prevent the defendant, as police judge of Princeton, from trying him upon a warrant charging him with possessing whiskey in violation of chapter 33 of the Acts of 1922.

The contention is that the offense charged is an indictable offense, and that he cannot therefore be proceeded against by a warrant because of section 12 of the Constitution, which provides: “No person, for an indictable offense, shall be proceeded against criminally by information,”…