Blue v. State
Blue v. State
Opinion of the Court
An information charging the plaintiff in error with having, on December 27th, 1892, carried secretly and concealed about his person a pistol, was filed in Jackson Circuit Court in the month of May of the present year, and afterwards, on the 20th of June, the accused moved to quash the information on the ground that the Circuit Court had no jurisdiction to try or sentence him for the alleged offense, but that such offense was within the trial jurisdiction of a justice of the peace. The motion having been overruled, the defendant pleaded not guilty, and on the day last stated was tried by a jury who returned a verdict of guilty, and he. was thereupon sentenced to pay a fine of $25, and the costs, assessed at $35.95, and in default of the payment thereof, to be imprisoned in the county
The judgment is affirmed.
Reference
- Full Case Name
- Ned Blue, in Error v. The State of Florida, in Error
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- An act of February 12th, 1885, Section 2421 of the Revised Statutes, punished the offense of carrying arms secretly by imprisonment not exceeding six months, or by fine not exceeding one hundred dollars. The Circuit Court of any county where there was not a criminal court of record or a county court had exclusive original jurisdiction of all violations of such statute. The act of June 2d, 1893, Chapter 4124, amends the stated section of the Revised Statutes by making the punishment imprisonment not exceeding three months, or fine not exceeding one hundred dollars, or both such fine and imprisonment. The effect of this amendment is to give justices of the peace, in any county wl ere there is no criminal court of record or county court, trial jurisdictions of all violations of the statute which have occurred since its amendment, but the exclusive jurisdiction of all offenses committed prior to the amendment remains in the Circuit Court by virtue of the provision of Section 33 of Article III of the Constitution, that the repeal or amendment of a criminal statute shall not affect the prosecution or punishment of any crime committed before such repeal or amendment.