State v. Smith
Supreme Court of Connecticut
This was an information against Josiah Smith, filed by the state’s attorney, in the superior court, charging the defendant with having erected and continued a stone-wall in and upon a public highway in the town of Stamford, whereby said highway was greatly narrowed, straightened and obstructed. The defendant moved to quash the information, ón the ground that the superior court had no jurisdiction over it, nor any right by law to take cognizance of it.
Read the full summary
This was an information against Josiah Smith, filed by the state’s attorney, in the superior court, charging the defendant with having erected and continued a stone-wall in and upon a public highway in the town of Stamford, whereby said highway was greatly narrowed, straightened and obstructed. The defendant moved to quash the information, ón the ground that the superior court had no jurisdiction over it, nor any right by law to take cognizance of it. This motion was reserved for the consideration and advice of the Supreme Court of Errors. contended, 1. That aside from the statute, approved…
1Opinion of the CourtBissell, J.
The question raised upon the record, and now submitted for decision, is, whether the superior court has jurisdiction of the offence charged in the information. In the case of The State v. Knapp, 6 Conn. Rep. 415. it was decided, that this is not a high crime and misdemeanour, cognizable by the superior court. If then that court has jurisdiction of the case before us, it must be by virtue of the statute of 1828. That statute enacts: “ That the superior court shall have ju- “ risdiction of all offences at common law, of what kind and “ degree soever, for which the punishment is not prescribed…
2Cases cited1 opinion
- State v. KnappSupreme Court of Connecticut · 1827
3Cited by3 opinions
- State v. HydeSupreme Court of Connecticut · 1836
- State v. SmithSupreme Court of Vermont · 1882
- Belden v. HugoSupreme Court of Connecticut · 1914