State v. Jenkins

The opinion of the court was delivered by

Mr. Chief Justice Simpson.

The appellant ivas indicted for perjury, charged to have been committed by him in a previous prosecution against him for petit larceny before a trial justice. The judge was requested to charge that a trial justice had no jurisdiction in cases of petit larceny, and therefore that perjury could not be committed in such a case. This request was refused, whereupon the defendant was convicted. The only question in *122the appeal is, was it error for the judge to refuse appellant’s request, which raises the question whether or not trial…