State v. Gerry
Supreme Court of New Hampshire
Appeal, by the defendant, from the sentence of the police court for an aggravated assault. The defendant was arraigned before the police court of Concord, and pleaded not guilty. He was tried by the police court, found guilty, and sentenced to pay a tine of §100. He appealed to the supreme court, and recognized for his appearance and to enter and prosecute his appeal.
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Appeal, by the defendant, from the sentence of the police court for an aggravated assault. The defendant was arraigned before the police court of Concord, and pleaded not guilty. He was tried by the police court, found guilty, and sentenced to pay a tine of §100. He appealed to the supreme court, and recognized for his appearance and to enter and prosecute his appeal. He moved that the appeal be dismissed because the offence charged is beyond the jurisdiction of the police court, and the judgment appealed from is unauthorized and void. Subject to his exception, the motion was denied.
1Opinion of the CourtCarpenter, C. J.
An aggravated assault is punishable by a fine not exceeding §200, or by imprisonment not exceeding one year, or by both. P. S., c. 278, 5. 21. If the police court had no jurisdiction to try and determine the question of the defendant’s guilt or innocence of the offence charged in the complaint, the judgment is void and the appeal must be dismissed. State v. Dolby, 49 N. H. 488; State v. Runnals, 49 N. H. 498; State v. Thornton, 63 N. H. 114; State v. Perkins, 63 N. H. 89. By the act of March 29, 1895 (Laws 1895, c. 117, s. 1), jurisdiction of all criminal cases where the fine does not exceed…
2Cases cited11 opinions
- Hurtado v. CaliforniaSupreme Court of the United States · 1884
- Callan v. WilsonSupreme Court of the United States · 1888
- Commonwealth v. WhitneyMassachusetts Supreme Judicial Court · 1871
- State v. PetersonSupreme Court of Vermont · 1869
- In re DanaDistrict Court, S.D. New York · 1873
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3Cited by30 opinions
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