People v. Gregory

Graves, Ch. J.

The defendant was convicted before a justice for an assault and battery, and he appealed to the circuit court,, where he was again convicted.

The case was thereupon brought to this court on exceptions, pursuant to the statute.

It appears that defendant was tried in both courts on a plea of not guilty, which the justice entered for him on his refusal to plead, and that both courts declined to permit him to withdraw such plea and set up a former conviction and judgment for the same offense. He now objects to the proceedings, that the complaint before the justice was so defective…