State v. Metzger
Supreme Court of Missouri
Appeal from Gasconade Circuit Court. The facts sufficiently appear in the opinion of the court. cited Wharton C. L. 193 ; Stewart v. State, 6 Ohio, 242 ; State v. Bowling, 10 Hump. 52; Clark v. The State, 12 Georg. 350 ; R. C. 1855, p. 977.
1Opinion of the CourtRichardson, Judge
The transcript of the justice, on which the circuit court took cognizance of the case, does not contain the warrant, or any affidavit or other statement that an offence had been committed, except the minute on the docket, and it nowhere shows that the assault was committed in Gasconade county. This was a criminal proceeding, and the usual liberality that is indulged to uphold the proceedings of courts of common law jurisdiction can not be invoked in this cause. Justices of the peace have no jurisdiction, in cases of’assault and battery, under the act concerning breaches of the peace (R. C.…
2Cases cited2 opinions
- Den v. TurnerSupreme Court of the United States · 1824
- Powers v. PeopleNew York Supreme Court · 1809
3Cited by35 opinions
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- Iba v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1870
- Hansberger v. Pacific RailroadSupreme Court of Missouri · 1869
- Ex parte O'BrienSupreme Court of Missouri · 1895
- Sutton v. ColeSupreme Court of Missouri · 1900
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