Eitel v. State

The question most pressed in the argument is, whether the Jefferson Criminal Circuit Court has a valid existence. The constitutional question, heretofore decided by this court (Combs v. The State, 26 Ind. 98), as to the power of the legislature to create such a court, is not presented. That question has recently been again considered in a case not yet decided (Clem v. The State*), and will be further discussed and, we trust, finally settled in that case.

The criminal court for Jefferson county was called into existence by a special statute (Acts 1869, Spec. Sess., p. 49); and it is…