People v. Francis

Joel Francis was charged with murder in the second degree. After the trial jury had been empanelled, counsel for the defense moved that the defendant be discharged on the ground that the court had no jurisdiction to try the case because the ordinance on which the prosecution was based was invalid. The invalidity of the ordinance was predicated upon the fact that the ordinance was passed by an illegally constituted Colonial Council. The Colonial Council was illegal because its members included persons appointed by the Governor who had no authority to appoint members of the Colonial Council.…