Miller v. State

On petition for a rehearing.

Worden, J. — In this case an earnest petition for a rehearing has been filed, claiming that in the original opinion the court erred in holding that the justice of the peace had jurisdiction over the offence of obstructing the highway. It is insisted that because the offence can not be punished by fine and imprisonment, but must be punished by one or the other of those methods, the justice had no jurisdiction. The statute, quoted in the original opinion, gives the justice concurrent jurisdiction “to try and determine all cases punishable by fine only, or by fine…