Ivy v. State
| Decision Date | 30 November 1925 |
| Docket Number | 25047 |
| Citation | 141 Miss. 877,106 So. 111 |
| Court | Mississippi Supreme Court |
| Parties | IVY v. STATE. [*] |
1. CRIMINAL LAW. Justice of the peace of district other than one in which offense is committed has no jurisdiction to try accused, if there is qualified justice of the peace in such district to try cause.
Under section 1299, Hemingway's Code (section 1537, Code of 1906), a justice of the peace of a district other than the one in which the crime is committed has no jurisdiction to try a defendant for the commission of a misdemeanor in such other district where there is a qualified justice of the peace in such district to try such cause.
2. STATUTORY PROVISIONS.
The jurisdiction of a justice of the peace as to misdemeanors is fixed by section 2248, Hemingway's Code (section 2749 Code of 1906), and limits the criminal jurisdiction of the justices of the peace as to misdemeanors to offenses committed within their respective districts, except in cases where there is no justice of the peace in the district in which the crime is committed qualified to try the accused.
3. CRIMINAL LAW. If justice of the peace had no jurisdiction to try misdemeanor case, circuit court had no power on appeal to try it; question of jurisdiction may be raised at any time.
Where a justice of the peace had no jurisdiction to try a person for a misdemeanor, the circuit court has no power on appeal from such justice of the peace to try the cause, and the question of jurisdiction may be raised at any time.
HON THOS. E. PEGRAM, Judge.
APPEAL from circuit court of Union county, HON. THOS. E. PEGRAM Judge.
Noon Ivy was convicted of assault and battery, and he appeals. Reversed and remanded.
Reversed and dismissed.
Crumm & Lauderdale, for appellant.
Harry M. Bryan, Assistant Attorney-General, for the state.
No briefs available for the Reporter.
The appellant was arrested by, and tried by, a justice of the peace, acting as a conservator of the peace, on a charge of assault and battery with intent to kill and murder. The affidavit charged the offense to have been committed in district No. 1 of Union county, Miss. On the hearing before the justice, as conservator of the peace, the defendant was found not guilty of the felony, but the court further found that the defendant was guilty of a simple assault and battery and imposed a fine and delivered a sentence upon the defendant, from which appellant appealed to the circuit court. The judgment of the justice of peace recites that the appellant objected to the jurisdiction of the justice to try the cause on the ground of want of jurisdiction. In the circuit court a motion was made to dismiss for want of jurisdiction on the ground that the offense was committed in district No. 1 of said county, and that there were two qualified justices of the peace of that district competent to try the cause, and that the justice of the peace who tried the cause below was the justice of the peace of another district from that in which the offense was committed. The circuit judge found these facts to be true, but held that, under section 1299 of Hemingway's Code, (section 1537, Code of 1906), providing that--
"If, on the examination into the case of any person brought before a conservator of the peace other than a justice of the peace, on a charge of felony, it shall clearly appear that a felony has not been committed, but that the accused is guilty of a misdemeanor of which a justice of the peace has jurisdiction, the conservator of the peace shall require the accused to be carried before the proper justice of the peace for trial; and, if the conservator of the peace in such case be a justice of the peace, he shall convict the offender and punish him accordingly; but such conviction shall not bar a subsequent prosecution for felony in the same manner."--While it had doubts as to the jurisdiction, it felt that, if this section was constitutional, it authorized the justice of the peace to convict him, although the offense was committed in another district than that of the justice of the peace, and overruled the motion; whereupon the appellant was put to trial and again convicted and sentenced.
Certain errors were complained of in the trial in the circuit court which it will be unnecessary to notice in view of our conclusion on the question of jurisdiction. Section 2248, Hemmingway's Code (section 2749, Code of 1906), on criminal jurisdiction of justices of the peace reads as follows:
"Justices of the peace shall have jurisdiction concurrent with the circuit court of the county over all crimes occurring in their several districts whereof the punishment prescribed does not extend beyond a fine and imprisonment in the county jail; but if there be not a justice of the peace in the district in which any crime is committed qualified to try the accused, any justice of the peace of the county shall have jurisdiction thereof."
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