Wakefield v. State
| Decision Date | 03 June 1854 |
| Citation | 5 Ind. 208 |
| Parties | Wakefield v. The State |
| Court | Indiana Supreme Court |
ERROR to the Bartholomew Circuit Court.
The judgment is affirmed with costs.
William Herod and Joseph G. Marshall, for the plaintiff.
David S. Gooding, for the state.
Indictment for a riot, against Wakefield, O'Neil, Gilbert and others. Plea, not guilty. Trial by jury, upon which Wakefield, who alone was on trial, was convicted and fined 5 dollars.
It appears by bill of exceptions, that Wakefield offered in evidence the transcript and proceedings had before a justice of the peace for the same identical riotous acts, whereby it appeared that there had been a trial by jury, verdict of guilty, and fine of 5 dollars, but no judgment; the justice having, on motion, discharged Wakefield, on the ground of want of jurisdiction.
The only question argued is, whether the justice had jurisdiction; for it is conceded on all hands that, if he had, the record was in substance sufficient to show a former conviction. The jurisdiction of the magistrate is therefore the only point made and decided in the case.
Justices of the peace have jurisdiction in cases of assault and battery, affrays, and other breaches of the peace, with power to fine to the extent of 20 dollars. R. S. 1843, c. 55 § 6. The phrase "other breaches of the peace," does not seem to mean much--certainly can not be taken to mean offences where a higher fine, accompanied with imprisonment, may be inflicted. If it has any practical meaning, it must be such offences as would be adequately punished by fine alone, and not exceeding 20 dollars. Henry v. Hamilton, 7 Blackf. 506. The 55th chapter treats "of the powers and duties of justices of the peace in criminal cases and proceedings." But, clearly, offences of the grade of riot, punishable by fine and imprisonment, were not included nor intended to be. For in c. 53, art. 2, § 59, the offence of riot is defined, and the punishment prescribed is a fine not exceeding 500 dollars, to which may be added imprisonment not exceeding three months. The proceeding, in such case, is by indictment, and the jurisdiction in the Circuit Court. The acts of 1848, p. 16, and of 1849, p. 78, do not enlarge the jurisdiction of magistrates so as to embrace riots, or any case involving imprisonment.
The judicial powers of these officers are wholly statutory, and must be strictly pursued. The State v Odell, 8 Blackf....
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