State v. Sly
Oregon Supreme Court
Appeal from Jackson County. On December 20, 1870, Thomas Sly was tried and convicted before the Recorder of Jacksonville, for the offense of disturbing the peace, by fighting one John Pelling in the public street, in violation of a certain duly adopted ordinance of said city. He was fined ten dollars, which fine, together with the costs, he paid.
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Appeal from Jackson County. On December 20, 1870, Thomas Sly was tried and convicted before the Recorder of Jacksonville, for the offense of disturbing the peace, by fighting one John Pelling in the public street, in violation of a certain duly adopted ordinance of said city. He was fined ten dollars, which fine, together with the costs, he paid. Afterwards, at the November term of the Circuit Court of the State of Oregon for the County of Jackson, he was indicted for an assault and battery—the indictment charging that on December 20, 1870, he did assault and beat one John Pelling. Upon this…
1Opinion of the Court
By the Court,
McArthur, J.:
The question as to the jurisdiction of the Circuit Courts over the crime of assault and.battery must, we think, be answered in the affirmative. Section 537 of the Criminal *278Code, which took effect from and after May 1, 1865, made the crime of assault and battery indictable in the .Circuit Courts, and punishable by imprisonment in the county jail not less than three months, nor more than one year, or by fine not less than fifty nor more than five hundred dollars. By § 2, Subd. 2 (Code of Procedure in Justices’ Courts, ch. 1, § 2) of the Act regulating the civil and…
2Cases cited5 opinions
- Waldo v. WallaceIndiana Supreme Court · 1859
- Wilson v. StateSupreme Court of Connecticut · 1855
- Shafer v. MummaCourt of Appeals of Maryland · 1861
- Gardner v. PeopleIllinois Supreme Court · 1858
- Levy v. StateIndiana Supreme Court · 1855
3Cited by12 opinions
- State v. BrownOregon Supreme Court · 1972
- In Re SimmonsCourt of Criminal Appeals of Oklahoma · 1911
- State v. McDonaldOregon Supreme Court · 1961
- Hood v. Von GlahnSupreme Court of Georgia · 1892
- Harlow v. ClowOregon Supreme Court · 1924
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