State v. Kemp
Supreme Court of Minnesota
Defendant was arraigned before the city justice of the city of Rochester, in Olmsted county, on a complaint for selling intoxicating liquor to an habitual drunkard. He pleaded not guilty, and thereupon moved to dismiss the complaint for want of jurisdiction of the court over the offence charged. The motion was denied, and defendant demanded a jury trial. Thereupon a jury was summoned and impanelled in the manner provided by the city charter, (Sp.
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Defendant was arraigned before the city justice of the city of Rochester, in Olmsted county, on a complaint for selling intoxicating liquor to an habitual drunkard. He pleaded not guilty, and thereupon moved to dismiss the complaint for want of jurisdiction of the court over the offence charged. The motion was denied, and defendant demanded a jury trial. Thereupon a jury was summoned and impanelled in the manner provided by the city charter, (Sp. Laws 1878, p. 508,) from the qualified electors of the city. The defendant objected to the jury thus obtained, because not impanelled as prescribed…
1Opinion of the CourtBebRV, J.
By the charter of the city of Rochester, (enacted in 1867,) the city justice is invested with the exclusive jurisdiction “to hear all complaints and conduct all examinations and trials in criminal eases within the city, cognizable before a justice” of the peace, subject to certain exceptions not important to be specified here. As we understand it, this gives him exclusive jurisdiction, subject to the exceptions mentioned, to act within the city in hearing complaints and conducting examinations and trials in criminal cases arising within the county, such as are ordinarily cognizable by a…
2Cases cited5 opinions
- Stokes v. . People of the State of N.Y.New York Court of Appeals · 1873
- State v. McClearNevada Supreme Court · 1876
- Gray v. First Division of the St. Paul & Pacific R. R.Supreme Court of Minnesota · 1868
- Pulsifer v. HotchkissSupreme Court of Connecticut · 1837
- Perit v. WallisSupreme Court of the United States · 1796
3Cited by9 opinions
- State Ex Rel. Cosner v. SeeWest Virginia Supreme Court · 1947
- State v. O'BrienMontana Supreme Court · 1907
- State v. WolfSupreme Court of Minnesota · 2000
- State v. LancilotiWashington Supreme Court · 2009
- State v. LancilotiWashington Supreme Court · 2009
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