23 A.2d 369 | N.H. | 1941
Since in the case of State v. Coan the municipal court had jurisdiction of the parties and the subject-matter of the prosecution, it is doubtful if any error committed by the Municipal Court in the conduct of that case can be corrected upon habeas corpus. State v. Towle,
The jurisdiction conferred upon municipal courts in criminal cases is granted "subject to appeal" (P. L., c. 323, s. 15), and in the case of Philpot v. State,
The cases cited in support of this conclusion (Commonwealth v. *491
Hagarman, 10 Allen 401; Commonwealth v. Winton,
It is unnecessary, however, to determine the correctness of the dictum in Philpot v. State or the extent to which the rule of the Massachusetts cases would be followed here, since the plaintiff, having acquiesced in the court's ruling, is in no position to complain that his request for an appeal was denied. So far as appears, he submitted to the ruling without objection and then proceeded to move for a new trial. Nor, after the denial of that motion, did he renew his request for an appeal. Under these circumstances he must be held to have waived whatever right to an appeal he may have had. 4 C. J. S. 396.
Nor was he entitled to withdraw his plea of guilty as a matter of right. 2 Bishop, New Crim. Pro. (2d ed.), s. 747. It was within the discretionary power of the Justice of the Municipal Court to grant or deny his request. State v. Cotton,
Exception overruled.
BURQUE, J., did not sit: the others concurred. *492