37 Tex. 162 | Tex. | 1873
The appellant in this case was charged with an aggravated assault; was arrested and taken before a justice for examination. The record informs us that the defendant waived all pleadings, and that the justice entered for him the plea of not guilty. On an examination of the cause, the justice seems to jiave become satisfied that the defendant was not guilty of fin aggravated assault, but was guilty of an assault and battery. Ho jury.was demanded. The justice, finding the defendant guilty of an assault and battery, assessed a fine against him of twenty-five dollars and costs of suit. Ho motion was made for .a new trial, but an appeal was attempted to be taken to the
This record discloses some very extraordinary practice. A party is arrested for a misdemeanor, stands mute, is fined by the justice, appeals to the District Court, and when the case is called on his own appeal, pleads to the jurisdiction of the court, moves to quash the appeal, and this is done, and he attempts to appeal from this last judgment of the District Court to this court. If the District Court had no jurisdiction of the case, it is difficult for us to discover how we obtain jurisdiction, as our jurisdiction, if we have any, must be appellate. But the appellant’s counsel offer us an argument to convince this court that grave errors were committed by the justice of the peace, who fined this man for an assault and battery. This may be true, and yet the errors are not apparent to us. By the act of February 15th, 1858, Article 3292, Paschal’s
A question is raised upon the briefs, of some importance, which really does not rise upon the record. It is claimed that the justice had no final jurisdiction in this case, and we are referred to different sections of the Constitution in support of the argument. Section 7 of Article 5, gives the District Court original jurisdiction of “ all criminal cases, ” and of other causes of action where the matter in controversy amounts to one hundred dollars or more, exclusive of interest. This clearly t enough implies that the District Court may not have original jurisdiction in matters of less magnitude. Section 17 of the same Article of the Constitution clearly and explicitly provides that all offenses of a less grade than “ felony ” may be proseented before justices of the peace or other inferior tribunals. Section 20 of the same Article of the Constitution declares that justices of the peace shall have such civil and criminal jurisdiction as shall be provided by law. This implies a power in the Legislature to confer on justices of the peace any jurisdiction not prohibited elsewhere by tbe Constitution. What, then, is wanting in the power of the Legislature to confer the jurisdiction claimed and exercised by the justice of the peace in this case? Nothing whatever; and the Legislature has conferred the power. Under the circumstances we discover no
Dismissed.