Smith v. State
| Decision Date | 12 December 1853 |
| Citation | 4 Ind. 500 |
| Parties | Smith v. The State |
| Court | Indiana Supreme Court |
ERROR to the Delaware Circuit Court.
The judgment is reversed. Cause remanded.
W. March, for the plaintiff.
W. Garver and R. A. Riley, for the state.
Indictment for assault and battery. The indictment was found at the March term, 1849, and was continued to the September term. At the latter term, the defendant moved to quash, on the ground that the Court had no jurisdiction. Trial. Verdict and judgment against the defendant.
The motion to quash should have been sustained. The act of January, 16, 1849, giving exclusive original jurisdiction of assault and battery to justices of the peace in Delaware county, took effect from its passage. At the time the motion to quash was made, and at the trial, the Circuit Court had not jurisdiction of the offense. Sprigs v. The State, 2 Ind. R. 75.--The State v. Lackey, id. 285.
The judgment is reversed. Cause remanded, &c.
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...is a repeal by implication of a preceding affirmative statute so far as it is repugnant thereto. (Foster's Case, 6 Coke, 107; Smith v. State, 4 Ind. 500; State v. McDonald, 38 Mo. 529; Dexter v. Limerick Plank Road Co., 16 Barb. 15; Dash v. Van Kleeck, supra; Livingston v. Harris, supra;Har......
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