State v. . Johnson
Supreme Court of North Carolina
Assault and battery, tried before Jones, J., at Spring Term 1870, of Washington, Court. The defendant pleaded, Former Conviction ; and, in support thereof, relied upon the fact that he had been tried and convieted for the same offence, by a Magistrate of the county. The plea did not state that the Magistrate who tried him, was a Justice of the Peace in and for the township in which the offence was committed.
Read the full summary
Assault and battery, tried before Jones, J., at Spring Term 1870, of Washington, Court. The defendant pleaded, Former Conviction ; and, in support thereof, relied upon the fact that he had been tried and convieted for the same offence, by a Magistrate of the county. The plea did not state that the Magistrate who tried him, was a Justice of the Peace in and for the township in which the offence was committed. The case stated that at that time the county had not been laid ofi into townships. His Honor, being of opinion that tbe defence was made ■out, ordered tbe defendant to be discharged. Tbe…
1Opinion of the Court
Eodmáít, J.
It is objected to tbe conviction in this case:
1. That tbe act of 1868-’G9, conferring summary jurisdiction over certain petty offences on Justices of tbe Peace, is unconstitutional; 4
2. That tbe Justice did not bave jurisdiction in this case, because tbe offence is not alleged to bave been committed in Ms township.
1. Tbe Constitution, Art. IV, s. 33, provides, “The several Justices of tbe Peace shall bave exclusive original jurisdiction under such regulations as tbe General Assembly shall provide” — “ of all criminal matters arising within their counties, where tbe punishment…
2Cases cited1 opinion
- State v. . PerrySupreme Court of North Carolina · 1870
3Cited by8 opinions
- City of Elizabethton v. Carter CountyTennessee Supreme Court · 1958
- State v. . HuntleySupreme Court of North Carolina · 1884
- State v. . DavisSupreme Court of North Carolina · 1871
- City of Elizabethton v. Carter CountyTennessee Supreme Court · 1959
- State v. . GardnerSupreme Court of North Carolina · 1875
3 more not listed; retrieve them via the Exa API.