Mississippi Supreme Court, 1884

Ex parte Wooten

Ex parte Wooten
Mississippi Supreme Court · Decided October 15, 1884 · Campbell
62 Miss. 174

Counsel

W. V. Sullivan, for the appellant., J. L. Harris, for the State.

Ex parte Wooten

Opinion of the Court

Campbell, C. J.,

delivered the opinion of the court.

Section 31, art. 1, of the constitution of this State empowers the legislature to authorize prosecutions before justices of the peace or other inferior courts of its creation in cases of misdemeanors of the-character enumerated, viz.: petit larceny, assault and battery, and others mentioned for illustration, and to regulate the proceedings-in such cases. So far from its being the constitutional right of one thus prosecuted before a justice of the peace or other inferior court to be tried by a jury, it may be seriously doubted whether the introduction of a jury by act of the legislature is not a marring of the constitutional scheme for the trial of petty offenses by a justice of the peace or other inferior court to be created. There is no allusion to a jury in the section cited, and the language employed suggests-a trial by the justice of the peace or other court, rather than by a jury in such court. Judgment affirmed^

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