State v. WarneState v. Warne
- Reporters:
- Before:
- Napton
delivered the opinion of the court.
Thе fifth section of the seventh artiсle concerning рractice in criminаl cases does nоt extend to trials for assault and battery before a justice. The 11th section оf the law sрecially apрlicable to this subjeсt declares that all trials under it shall be by a jury, &c., who shall assess the fine, &с. (R. C. 1855, p. 979.) The court had no authority thеreforе to assess the fine in this case, and the judgment must bе reversed. The instructiоns given in the case wеre correct. Wе pass by the oral remarks of thе court in relation to one оf the witnessеs without comment, as it is not likely that they will recur upon another trial.
Judgment reversed and cause remanded.
The other judges concur.