Mclean v. State

• Court: Florida Supreme Court
• Writing for the Court: VAN VALKENBURGH, J.
• Citation: Mclean v. State, 23 Fla. 281, 2 So. 5 (Fla. 1887)
• Decision Date: 30 March 1887
• Parties: McLEAN and another v. STATE.

2 So. 5

23 Fla. 281

McLEAN and another v. STATE.

Florida Supreme Court

March 30, 1887

Error to circuit court, Hillsborough county.

Syllabus by the Court

SYLLABUS

The plaintiffs in error were tried in the circuit court upon an indictment for the larceny of property of the value of $25. They were found guilty of the larceny of property of the value of $10, and were fined. They moved in arrest of judgment upon the ground that the circuit court had no jurisdiction. Held, that jurisdiction is determined by the indictment, and that being for a felony, the circuit court had, under the constitution and statutes, jurisdiction, and the motion in arrest was properly overruled.

In criminal cases the jurisdiction is determined by the charge made in the indictment; and, when the court has acquired jurisdiction by reason of such charge, it has, under the law jurisdiction of all lesser offenses included within such charge.

COUNSEL Barron Phillips, for plaintiffs in error.

The Attorney General, for defendant in error.

OPINION

VAN VALKENBURGH, J.

In October, 1884, McLean and Pearson were indicted for larceny in stealing one cow of the value of $25. They were tried in March, 1886, and the jury found them guilty, and the value of the property $10. They moved in arrest of judgment 'because the verdict of the jury finds the value of the heifer stolen * * * ten dollars, which makes the taking petit larceny, and cognizable by a justice's court, and that this court has no jurisdiction to punish.' The court overruled the motion, and sentenced the defendants to pay a fine of $50 each, and the costs. From this judgment and sentence by writ of error the case is in this court. The errors alleged are that the court had no jurisdiction of the offense for which judgment of conviction was rendered, the property stolen being of the value of $10 as found by the verdict of the jury, and in overruling the motion in arrest of judgment for the same reason.

The indictment charges a felony, in 'that the defendants with force and arms, at and in the county of Hillsborough aforesaid, one cow of the value of twenty-five dollars, * * * then and there being found, feloniously did steal, take, and carry away, contrary,' etc.

Justices of the peace have no jurisdiction to try felonies. In cases of larceny not charged as a second offense, where the value of the property stolen does not exceed $20, they have jurisdiction by statute. McClel. Dig. p. 662, § 1. Section 15 of article 6 of the constitution authorizes the legislature to fix the power of justices of the peace in criminal cases as follows: 'In criminal cases their power shall be fixed by law. Their power, duties, and responsibilities shall be regulated by law.' In section 8 of the same article circuit courts are given original jurisdiction 'of all criminal cases, except such as may be cognizable by law by inferior courts.' Section 1 of chapter 3271 of laws approved ...