State v. Cooper

— Prosecution for surety of the peace, commenced by affidavit and information in the court below. The court on the appellee’s motion dismissed for want of jurisdiction. The question presented by the record is, Had the court below original jurisdiction in this case?

The statute in reference to prosecutions for surety of the peace makes no provision for their commencement except before justices of the peace. Section 1606, R. S. 1881. It is-claimed, however, by counsel for the State, that a prosecution of this kind is a criminal proceeding, and that original jurisdiction is conferred upon the…