delivered the opinion of the court.
Thе defendant was presented by the grand jury of Obiоn county, in the. Circuit Court thereof, for an assаult and battery. The presentment did not alledge that • the assault and battery were committed during the term of the Circuit Court. A mo
This was done, probably, because, before the оrganizing-acts of 1835-6, the Circuit Court had no jurisdiction over that offence, unless committed at thе place, and during the time of holding a Circuit Cоurt; and because the said acts transferring from the County to the Circuit Courts the jurisdiction of -the fоrmer, did not at all enlarge in that respeсt, so far as punishment was concerned, the jurisdiction of the Circuit Courts; for the act of 1825, ch. 14, sec. 2, provided, “that it should not be lawful for grand juries in the County Courts of this State, to make prеsentments against any person or persons, for any assault and battery, or for any affrаy, unless the same be committed in their presеnce, during the term of the court.” But the Circuit Court in this case probably overlooked the 4th sеction of the act of 1842, ch. 141, which provides, “that all violations of the penal laws mаy be prosecuted- by indictment or presentment of a grand jury, and in case of a prоsecution upon presentment, it may be mаde on the information of any one of thе grand jury.”
This general provision is inconsistent with, and repeals the act of 1825, and gives to the Circuit Court jurisdiction, by presentment or indictment, of the offences of assault and battery, and affray, as was possessed by the County Court before the passage of the act of 1825, ch. 3 4.
This conclusion is, we think, free from all doubt, and it is grateful to reflect, that the good sense, right fеeling and love of order on the part of the legislature, were so far in the ascеndant, as to induce them to restore to thе grand inquest of the county their salutary superintеndence over a class of offenсes, which are often of enormous magnitude; and the licensed impunity of which was alike fаtal to the peace and quiet, and disgraceful to the social character of the community.
The judgment of the Circuit Court will be reversed, and the case remanded for further proceedings.