State v. Odell

Indictment against Caleb Odell for an assault and battery on Allen Moore. Plea, that the defendant had been tried by a justice of the peace, for an assault and battery on Allen Moore with intent to murder him, and had been acquitted by the justice of the charge; and that the assault and battery mentioned in the indictment, is the same with that determined by the justice. Demurrer to the plea, and judgment for the defendant.

This judgment must be reversed. The justice had no jurisdiction to try and determine an assault and battery with an intent to murder, and the proceedings before him,…