51 Conn. 422 (Conn. 1883), McGarty v. Deming

Citation:51 Conn. 422
Opinion Judge:Carpenter, J.
Party Name:Mary J. McGarty v. Lucius P. Deming, Judge.
Attorney:T. E. Doolittle, in support of the demurrer. J. I. Hayes, contra.
Judge Panel:In this opinion the other judges concurred.
Court:Supreme Court of Connecticut

Page 422

51 Conn. 422 (Conn. 1883)

Mary J. McGarty

v.

Lucius P. Deming, Judge.

Supreme Court of Errors of Connecticut.

December, 1883

The charter of the city of New Haven denies an appeal from a conviction of drunkenness before the city court. Held-

1. That the general statute giving appeals from convictions for that offence before a justice of the peace, did not affect the case.

2. That this provision of the charter was not unconstitutional as conflicting with the provision of the constitution that " the right of trial by jury shall remain inviolate," since a person prosecuted for drunkenness had no right to a jury trial at the time the constitution was adopted.

Whether the offence does not fall within the police powers of the state, so that the legislature may regulate the trial and punishment of it as it pleases: Quœ re .

Application for a mandamus to compel the defendant, who was judge of the City Court of the city of New Haven, to allow an appeal; brought to the Superior Court. The defendant demurred to the application, and the case was reserved, upon the demurrer, for the advice of this court. The case is more fully stated in the opinion.

T. E. Doolittle, in support of the demurrer.

J. I. Hayes, contra.

Carpenter, J.

The plaintiff having been convicted of the crime of drunkenness before the City Court of New Haven, moved for an appeal to the Superior Court, which motion was denied. She then brought this suit for a mandamus to compel the judge to allow the appeal. The defendant demurred, and the case is reserved for the advice of this court.

The statute allows an appeal in such cases when they are tried by a justice of the peace. Gen. Statutes, p. 533, sec. 7. But when tried by the City Court of New Haven the charter of the city denies the right of appeal. The plaintiff claims that the general statute, although in terms applying only to cases tried by justices of the peace, yet in its spirit and intention applies also to cases tried in the City Court, and should prevail notwithstanding the provisions of the charter. That distinction may be incongruous and may have been the result of inadvertence. On the other hand it may be that it was intended, for reasons regarded as sufficient, to make the judgment of the City Court conclusive. However that may be, we are not at liberty to ignore the distinction, but must take the statute as we find it.

In the next place, it is contended that the provisions of...

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4 practice notes
  • 275 A.2d 618 (Conn.Cir.Ct. 1971), State v. Anonymous (1971-6)
    • United States
    • Connecticut Circuit Court of Connecticut
    • Invalid date
    ...are entirely satisfied that the defendant has been deprived of no right to which he was constitutionally entitled. See McGarty v. Deming, 51 Conn. 422, 423; Goddard v. State, 12 Conn. 448, 454; State v. Heller, 4 Conn.Cir. 174, 177, 228 A.2d 815, cert. denied, 389 U.S. 902, 88 S.Ct. 213, 19......
  • 435 A.2d 372 (Conn.Super. 1981), 1022, State v. Wheeler
    • United States
    • Connecticut Superior Court of Connecticut
    • May 29, 1981
    ...Commissioners, 50 Conn. 321, 327 (1882). No such right has been found with respect to several other petty offenses. McGarty v. Deming, 51 Conn. 422, 423 (1883) (drunkenness); Goddard v. State, 12 Conn. 448, 454 (1838) (breach of the Sabbath); State v. Anonymous (1971-6), 6 Conn.Cir. 451, 45......
  • 150 So. 215 (Miss. 1933), 30690, Mayor and Board of Aldermen of City of Vicksburg v. Streckfus Steamers
    • United States
    • Mississippi Supreme Court of Mississippi
    • October 2, 1933
    ...1 McQuillin on Municipal Corporations (2 Ed.), p. [167 Miss. 858] 436; Wood v. Election Comrs., 58 Cal. 561; McCarty v. Deming, 51 Conn. 422; East St. Louis v. Maxwell, 99 Ill. 439; Covington v. East St. Louis, 78 Ill. 548, 552; Clarke, Dodge & Co. v. Davenport, 14 Ia. 494, 500; Bond v.......
  • 228 A.2d 815 (Conn.Cir.A.D. 1966), CR 7-6573, State v. Heller
    • United States
    • Connecticut Circuit Court of Connecticut
    • November 4, 1966
    ...right to a trial by jury unless the right to such a trial existed at the time the constitution was adopted. In McGarty v. Deming, 51 Conn. 422, 423, the claim made here was precisely answered. The court said: 'A party accused of drunkenness had no right to a trial by jury when the constitut......
4 cases
  • 275 A.2d 618 (Conn.Cir.Ct. 1971), State v. Anonymous (1971-6)
    • United States
    • Connecticut Circuit Court of Connecticut
    • Invalid date
    ...are entirely satisfied that the defendant has been deprived of no right to which he was constitutionally entitled. See McGarty v. Deming, 51 Conn. 422, 423; Goddard v. State, 12 Conn. 448, 454; State v. Heller, 4 Conn.Cir. 174, 177, 228 A.2d 815, cert. denied, 389 U.S. 902, 88 S.Ct. 213, 19......
  • 435 A.2d 372 (Conn.Super. 1981), 1022, State v. Wheeler
    • United States
    • Connecticut Superior Court of Connecticut
    • May 29, 1981
    ...Commissioners, 50 Conn. 321, 327 (1882). No such right has been found with respect to several other petty offenses. McGarty v. Deming, 51 Conn. 422, 423 (1883) (drunkenness); Goddard v. State, 12 Conn. 448, 454 (1838) (breach of the Sabbath); State v. Anonymous (1971-6), 6 Conn.Cir. 451, 45......
  • 150 So. 215 (Miss. 1933), 30690, Mayor and Board of Aldermen of City of Vicksburg v. Streckfus Steamers
    • United States
    • Mississippi Supreme Court of Mississippi
    • October 2, 1933
    ...1 McQuillin on Municipal Corporations (2 Ed.), p. [167 Miss. 858] 436; Wood v. Election Comrs., 58 Cal. 561; McCarty v. Deming, 51 Conn. 422; East St. Louis v. Maxwell, 99 Ill. 439; Covington v. East St. Louis, 78 Ill. 548, 552; Clarke, Dodge & Co. v. Davenport, 14 Ia. 494, 500; Bond v.......
  • 228 A.2d 815 (Conn.Cir.A.D. 1966), CR 7-6573, State v. Heller
    • United States
    • Connecticut Circuit Court of Connecticut
    • November 4, 1966
    ...right to a trial by jury unless the right to such a trial existed at the time the constitution was adopted. In McGarty v. Deming, 51 Conn. 422, 423, the claim made here was precisely answered. The court said: 'A party accused of drunkenness had no right to a trial by jury when the constitut......