Hitt v. State

I concur in the majority opinion upon one ground alone, namely, that the judgment appealed from was a judgment of the circuit court, a court of competent jurisdiction, where appellant received a fair and impartial trial by a court presided over by a disinterested judge; in other words, a court which furnished appellant due process.

I cannot give my assent to the other grounds upon which the majority opinion places the decision of the court. Under the Tumey case, I can see no escape from the conclusion that justices of the peace of this state, sitting for the trial of misdemeanors, are not…