People v. Maxon

Opinion by

Kelly, J.; Noggle, O. J., concurring. Lewis, J., dissented.

At the November term of the district court for the second judicial district, Ada county, the defendants were indicted for malicious mischief in cutting, tearing down, and destroying a certain gate, the property of o.ne Robie & Rossi. To this indictment the defendants interposed their demurrer to the jurisdiction of the court, on'the ground that the offense charged in the indictment is within the exclusive jurisdiction of the justices of the peace. The demurrer was overruled, and the defendants tried and convicted, and a…