State v. Anderson

New York Court of General Session of the Peace

State v. Anderson

15 Del. 526

CourtNew York Court of General Session of the Peace

DecidedSeptember 15, 1893

StatusPublished

This text of 15 Del. 526 (State v. Anderson) is published on Counsel Stack Legal Research, covering New York Court of General Session of the Peace primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Anderson, 15 Del. 526 (N.Y. Super. Ct. 1893).

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Opinion

Lore, C. J.,

delivered the opinion of the Court.

This is an indictment for assault and battery. You describe the party as an election officer in the city of Wilmington: that appears upon the face of the indictment. This is in a court of inferior jurisdiction. The Legislature has seen fit to create the Municipal Court, and to that court it has given sole and exclusive jurisdiction—among other things—of assaults. This is an assault; and we think the jurisdiction extends not only to common law assaults but to any assault created by statute, unless the Municipal Court was distinctly ousted by express terms. We think this indictment ought to be quashed, and so order.

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Lore, C. J.,

delivered the opinion of the Court.

This is an indictment for assault and battery. You describe the party as an election officer in the city of Wilmington: that appears upon the face of the indictment. This is in a court of inferior jurisdiction. The Legislature has seen fit to create the Municipal Court, and to that court it has given sole and exclusive jurisdiction—among other things—of assaults. This is an assault; and we think the jurisdiction extends not only to common law assaults but to any assault created by statute, unless the Municipal Court was distinctly ousted by express terms. We think this indictment ought to be quashed, and so order.

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Bluebook (online)

15 Del. 526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-anderson-nygensess-1893.