The Queen v. Fernandez

Opinion of the Court, by

Judd, C.J.

The law divides criminal cases into two classes; one class is of those within the summary jurisdiction of the Police and District Court, and the other those which are only triable by a jury, upon indictment. In the first class mentioned, the Police and District Justices have complete and full jurisdiction to hear and determine the case. In such cases the magistrate has full authority over the defendant, and if he pleads guilty inadvisedly and wishes to withdraw the same, the magistrate has authority to permit him to do so before final judgment.

If, however,…