Legal Opinion

Edwards v. State

Supreme Court of New Jersey

Decided November 15, 1883PublishedCited by 11 opinions

On writ of error to the Essex Court of Quarter Sessions. By an act of the legislature entitled “ A supplement to an act entitled ‘ An act to facilitate judicial proceedings in the county of Essex/” passed March 27th, 1867, it was enacted that “ whenever any person shall be charged upon oath, before any justice or police justice, in the county of Essex, with any offence now triable by law before the Court of General Quarter Sessions of the Peace, and such person shall, in…

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On writ of error to the Essex Court of Quarter Sessions. By an act of the legislature entitled “ A supplement to an act entitled ‘ An act to facilitate judicial proceedings in the county of Essex/” passed March 27th, 1867, it was enacted that “ whenever any person shall be charged upon oath, before any justice or police justice, in the county of Essex, with any offence now triable by law before the Court of General Quarter Sessions of the Peace, and such person shall, in writing signed by him or her, addressed to the prosecutor of the pleas of said county, waive indictment and trial by jury,…

1Opinion of the Court

The opinion of the court was delivered by

Depue, J.

The proceedings in the court below were in all respects in compliance with the requirements of the statute.

*422The plaintiff in error contends that the legislature had not the capacity, under the constitution of this state, to provide for this manner of preferring a criminal charge, and this mode of trial.

The course of procedure adopted in the court below has the sanction of the law-making power of the state. The cases cited by the counsel of the plaintiff in error, in which it was held that the accused could not, by a consent, give the court a…

2Cases cited6 opinions

  1. State v. KaufmanSupreme Court of Iowa · 1879
  2. State v. PolsonSupreme Court of Iowa · 1870
  3. State v. WordenSupreme Court of Connecticut · 1878
  4. Connelly v. StateSupreme Court of Alabama · 1877
  5. Ward v. PeopleMichigan Supreme Court · 1874

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. King v. StateCourt of Criminal Appeals of Texas · 1971
  2. City of Dothan v. HollowaySupreme Court of Alabama · 1986
  3. Kennedy v. StateAlabama Court of Appeals · 1958
  4. State v. DunneSupreme Court of New Jersey · 1991
  5. State v. CiniglioNew Jersey Superior Court Appellate Division · 1959

6 more not listed; retrieve them via the Exa API.

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