Legal Opinion · Dissent

State v. Gutierrez

Supreme Court of Louisiana

Decided April 15, 1860Published

APPEAL from the Recorder’s Court of the First District of the city of New Orleans.

1Dissent

Merrick, O. J.,

dissenting. I do not dissent from so much of the opinion of the majority of the court as holds that the Legislature may confer a limited criminal jurisdiction upon the Mayor, Recorders and Aldermen, for the punishment of minor crimes and offences. Whether the Legislature can confer the like power upon Justices of the Peace, relative to the punishment of white persons, is not necessary now to determine.

The 124th Article of the Constitution expressly declares, that the Legislature may vest in the Mayor, Recorders, Aldermen and Assistant Aldermen, such criminal jurisdiction as may…

2Cases cited2 opinions

  1. Webster v. ReidSupreme Court of the United States · 1851
  2. State v. JonesLouisiana Court of Errors and Appeals · 1845

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