Wolcott v. Territory of Wyoming
Wyoming Supreme Court
Error to the First District Court for Laramie County. This was a criminal prosecution for assault and battery, commenced before a justice of the peace, by complaint and warrant.
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Error to the First District Court for Laramie County. This was a criminal prosecution for assault and battery, commenced before a justice of the peace, by complaint and warrant. After change of venue, under the statute, the case was tried before Justice Slaughter, of Laramie county, on the nineteenth day of December, 1871, and said justice of the peace on tbe same day, after consideration of the case, adjudged that the defendant, Frank Wolcott, paya fine of ten dollars and costs of prosecution. An appeal was taken to the district court of said county, from the decision of the justice. A…
1Opinion of the Court
By the Court,
Carey, J.
The only assignment of error which the court finds it necessary to consider, is the first one alleged, that is: That the district court erred in dismissing the appeal and affirming the judgment of the justice. The counsel for the plaintiff in error contends that the justice of the peace who tried the case had not jurisdiction of the offense, and for that reason all his proceedings were void.
The organic act of the territory provides “ that the judicial power of said territory shall be vested in a supreme court, district courts, probate courts and justices of the peace.…
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