Lurie v. District Attorney

There is raised in this prohibition proceeding an issue of jurisdiction “of the person ” in criminal proceedings which has troubled all courts for many years.

In order that an offense may be prosecuted and judgment given, it is necessary that the court have jurisdiction doth of the subject matter and of the person. Jurisdiction of the subject matter is derived from statute; it can never be acquired by waiver or consent. Jurisdiction of the person may be obtained however by valid arrest with or without a warrant or by waiver or by consent.

The issue raised in this petition is whether a court may…