State v. Myers
Montana Supreme Court
Appeal from Fifth Judicial District, Madison County. Indictment for assault and battery. The indictment was quashed by Galbbaith, J. Statement of the case by the judge delivering the opinion. This action is a criminal prosecution against the respondents, commenced originally in the District Court, by the presentment of an indictment by the grand jury, charging the offense of assault and battery.
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Appeal from Fifth Judicial District, Madison County. Indictment for assault and battery. The indictment was quashed by Galbbaith, J. Statement of the case by the judge delivering the opinion. This action is a criminal prosecution against the respondents, commenced originally in the District Court, by the presentment of an indictment by the grand jury, charging the offense of assault and battery. On motion of the defendants, the District Court quashed the indictment, on the ground that that court had not original jurisdiction to try the offense. The State appeals.' The provisions of the…
1Opinion of the CourtDe Witt, J.
Jurisdiction is conferred upon the courts of the State by the Constitution. The Constitution is the charter of their existence and their powers. The District Court has original jurisdiction to try such criminal cases as the Constitution provides that it shall. If that court is not given jurisdiction by the Constitution over a certain criminal case, that jurisdiction does not exist in that court.
The District Court has not original jurisdiction over all cases of misdemeanor. It has original jurisdiction over cases of misdemeanor of a certain class. That class is described in the Constitution as…
2Cases cited7 opinions
- People v. HambergCalifornia Supreme Court · 1890
- Green v. Superior CourtCalifornia Supreme Court · 1889
- Ex parte WallingfordCalifornia Supreme Court · 1882
- Gafford v. BushCalifornia Supreme Court · 1882
- Ex parte McCarthyCalifornia Supreme Court · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Moore v. OrrNevada Supreme Court · 1908
- State v. SorensonMontana Supreme Court · 1922
- State Ex Rel. Freebourn v. District CourtMontana Supreme Court · 1937