State v. Tibbetts

Complaint before a magistrate for hunting and killing deer in violation of the game laws. The offense is charged in two several counts averring the destruction of one deer in each count at different times. A trial was had upon the plea of not guilty, and the defendant was convicted and fined eighty dollars and costs. From this sentence the defendant appealed and was again tried in the court below and convicted. He now moves in arrest of judgment:

I. Because the magistrate imposed a fine in excess of his jurisdiction. Suppose he did. One remedy was by appeal, and the defendant has availed…