De Feo v. Recorder's Court Of Town Of Belleville.
| Decision Date | 23 February 1943 |
| Docket Number | No. 235.,235. |
| Citation | 30 A.2d 507,129 N.J.L. 549 |
| Parties | DE FEO v. RECORDER'S COURT OF TOWN OF BELLEVILLE. |
| Court | New Jersey Supreme Court |
OPINION TEXT STARTS HERE
Certiorari from Recorder's Court of Belleville.
Vito De Feo was convicted of assault and battery as charged in a complaint issued out of the Recorder's Court of the Town of Belleville, and he brings certiorari.
Affirmed.
Thomas Brunetto, of Newark, for prosecutor.
Lawrence E. Keenan, of Belleville, for respondent.
January term, 1943, before CASE, DONGES and COLIE, JJ.
A complaint issued out of the Recorder's Court of the Town of Belleville, in the County of Essex, charging prosecutor with having committed an assault and battery. The charge was couched in appropriate terms. The prosecutor pleaded not guilty, waived indictment and trial by jury and requested in writing that he be tried immediately before the recorder. The recorder accordingly conducted the trial and at the close found prosecutor guilty and imposed upon him in penalty a fine of $25.
The question before us for decision is whether, as against any ground contra presented to us by the prosecutor, the recorder had jurisdiction to try defendant for the offense of assault and battery. It is advanced by the prosecutor, first, that the legislature has not conferred such jurisdiction and, second, that the prosecutor did not and could not, by waiver or consent, confer jurisdiction. It is settled that neither waiver nor consent confers jurisdiction where the tribunal otherwise has no jurisdiction over the subject matter. King v. Scala, 110 N.J.L. 321, 324, 165 A. 426; Hadelman v. Harris, 93 N.J.L. 66, 107 A. 34.
The reasoning given in support of the first proposition is that the jurisdiction of the Recorder's Court in the Town of Belleville is limited to the authority granted in R.S. 2:225-3, N.J.S.A. 2:225-3, which admittedly does not undertake to and does not, in fact, grant jurisdiction to try the charge of assault and battery. But R.S. 2:216-4, N.J.S.A. 2:216-4, provides: ‘Except in counties where criminal judicial district courts are or may be established, when any person charged with any of the offenses herein enumerated shall, in writing, waive indictment and trial by jury, the recorder, * * * in * * * towns * * * having a population of over one thousand inhabitants, shall, in addition to his other powers, try and determine all cases of assault, simple assault and battery, malicious mischief; * * * and also other criminal offenses, the penalty for which does not exceed a fine of one hundred dollars, or imprisonment for a term not...
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...confers jurisdiction where the tribunal otherwise has no jurisdiction over the subject-matter. De Feo v. Recorder's Court of Belleville, 129 N.J.L. 549, 550, 30 A.2d 507 (Sup.Ct.1943). Accordingly, the majority's thesis that appellant's reliance upon past decisions (which I do not concede h......
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...conferred by consent or by waiver, where the tribunal otherwise has no jurisdiction over the subject matter. De Feo v. Recorder's Court of Belleville, 129 N.J.L. 549, 30 A.2d 507. However, we are not met with either of these difficulties. The Bureau and the Court of Common Pleas have jurisd......
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...by defendants. Several examples of such legislation are to be found in the reported cases of De Feo v. Recorder's Court of Town of Belleville, 129 N.J.L. 549, 30 A.2d 507 (Sup.Ct.1943) and Manda v. State, 28 N.J.Super. 259, 100 A.2d 500 (App.Div.1953). It is noted that in each instance the ......
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...enumerated offenses mentioned in the act, but that they do apply to the general unnamed offenses. De Feo v. Recorder's Court of the Town of Belleville, 129 N.J.L. 549, 30 A.2d 507. The defendant contends that the recorder has jurisdiction in cases of offenses where either the fine does not ......