Smith v. State
This text of 4 Ind. 500 (Smith v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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 offence. 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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Cite This Page — Counsel Stack
4 Ind. 500, 1853 Ind. LEXIS 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-ind-1853.