Ex parte McCarthy
California Supreme Court
The petitioner was indicted by the Grand Jury of Stanislaus County for the offense of exhibiting a deadly weapon in a rude, angry, and threatening manner—a misdemeanor; was tried, convicted, and sentenced by the County Court of that County; and this is a proceeding by habeas corpus to discharge him from custody; he claiming that the County Court had no jurisdiction over such an offense, but that such jurisdiction was exclusive in Justices of the Peace.
1Opinion of the Court
By the Court :
It is not necessary in this case to define the terms “ capital or other infamous crime,” employed in sec. 8 of art. 1 of the Constitution of the State. (Art. 1, sec. 8.)
It may be admitted that “ exhibiting a deadly weapon in a rude, angry, and threatening manner” is not an “infamous crime,” which can be prosecuted only by presentment or indictment by a grand jury.
*413The Constitution provides that the County Courts shall have “ such criminal jurisdiction as the Legislature may prescribe ” (art. 6, sec. 8) ; and that the Legislature shall “ fix by law the powers, duties, and…
2Cited by4 opinions
- Green v. Superior CourtCalifornia Supreme Court · 1889
- Ex parte WallingfordCalifornia Supreme Court · 1882
- Moore v. OrrNevada Supreme Court · 1908
- State v. MyersMontana Supreme Court · 1891