Jackson v. State
Jackson v. State
Opinion of the Court
delivered the opinion of the Court.
The traverser was indicted in the Criminal Court of Baltimore for murder. Subsequent to the finding of this indictment, Judge Dobler was assigned by the Supreme Bench of Baltimore City to that Court and Judge Stock-bridge was by the same authority also assigned to the same-Court with a jury to sit separately from Judge Dobler for the January term and until further ordered, as an additional Judge for the said Court. It will thus be seen that the-Criminal Court of Baltimore has been in effect divided by the Supreme Bench into two parts, which for convenience-have been designated part i and part 2. It is contended by the' appellant, the traverser, that no warrant can be found in the Constitution for such division, while the State contends that by the true construction of section 32 of Article 4 of the Constitution of Maryland, each part or the Judge holding the same has all the j usi-sdiction and power conferred upon the Criminal Court of Baltimore by the-Constitution of this State. The question thus presented is the only one before us on this appeal. We will briefly consider it, having already announced our conclusion, namely,, that the trial of the traverser had in Part 2 of the Criminal Court before Judge Stockbridge and a jury was quite as-regular and that the judgment rendered against him is. quite as conclusive as if he had been tried and convicted in. the Criminal Cohrt itself.
In order to justify this conclusion it seems to be only necessary to examine section 32 of Article 4 of the Constitution.
By this section it is provided that the Judge or Judges, assigned to each of the Courts in Baltimore City “ may sit either separately or together in the trial of cases”—and that when “ so assigned ” to the several Courts- such Judge:
Such has been the construction given to this section ot the Constitution by the Supreme Bench of Baltimore for several years. And we believe it was generally understood' when the constitutional amendment of 1892 was adopted,, that its object was to facilitate the trial of cases'in Baltimore-by increasing the number of Judges without the additional expense of new Courts and clerks.
It was urged with earnestness and ingenuity that a Court is necessarily a unit and can only be divided into parts by an amendment or express provision of the Constitution. Irr answer to this argument it may be said first, that the Baltimore County Court, prior to 1851, sat in Baltimore not as a unit, but in several parts. The late Mr. Crisfield, a member of the Constitutional Convention of 1851, said : “You have, by a practice which has grown up in the city of Baltimore, to meet the exigencies of business, Baltimore-County Court severed into three distinct tribunals. You-have one Judge in one room performing the common law-jurisdiction ; you have another in another room presiding-
In- view of this practice, and of the well known object the people had in view in adopting the constitutional amendment of 1892, providing for the election of additional Judges for Baltimore City, we are all of opinion that the appellant’s position cannot be maintained. The Constitution is not to be construed in a technical manner, but in ascertaining its meaning, we are to consider the circumstances attending its adoption, and what appears to have been the understanding of the people when they adopted it. Bandel v. Isaacs, 13 Md. 202; Mayor, &c., v. State, 15 Md. 376. But in the second place, if it be necessary to have an express constitutional provision here in Maryland, where, as we have seen, our Courts for many years, when composed of more than one Judge have been sitting in several parts, we have such a provision now in sec. 32 of Art. 4th.
It was also suggested that if there is to be more than one Judge having criminal jurisdiction in Baltimore, the difficulty would arise as to which one of them is to exer
For these reasons, and without further elaboration, the judgment appealed from has been heretofore
Affirmed.
Reference
- Full Case Name
- WILLIAM JACKSON v. STATE OF MARYLAND
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- Constitutional Law—Courts of Baltimore City—Sittings of Criminal Court in Two Divisions. Constitution, Art. 4, sec. 32, directs that the Judges of the Supreme Bench of Baltimore City shall provide for the holding of the Courts established in that city “by the assignment of one or more of their number to each of said Courts who may sit either separately or together in the trial of cases * * * and the Judge or Judges so assigned to the said several Courts shall when holding the same have all the powers and exercise all the jurisdiction which may belong to the Court so being held. ’ * Held, that under this provision the Supreme Bench has power to assign two Judges to the Criminal Court, each to sit separately with a separate jury for the trial ot cases.