State v. Earley

BROCK, Chief Judge.

At the outset we are confronted with the question of Judge Martin’s jurisdiction in a criminal case to adjudicate conflicting claims of title to allegedly stolen property which has been used in evidence and in which case the prosecution has been completed. We have no statute upon the subject, and we find no case law in this State which covers the subject.

Our research leads us to believe that sound reasoning dictates that under the facts presented, Judge Martin did not have such jurisdiction in a criminal case.

When the person from whose possession the allegedly stolen…