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4 Ind. 605

Sumpter v. State

Indiana Supreme Court

Decided December 31, 1853

Indiana Supreme Court · decided 1853-12-31

<p>Jennings county is one in which by the act of January 16, 1849, exclusive original jurisdiction, in cases of assault and battery, is vested in justices of the peace.</p>

Decided 1853-12-31

Roache, J.

¶1Indictment for an assault and battery, returned at the April term, 1850.

¶2At the October term, 1850, the defendant moved to quash the indictment, The motion was overruled. Trial by jury. Verdict and judgment against the defendant.

D. Kelso, for the plaintiff.R. A. Riley, N. B. Taylor and J. Coburn, for the state.

¶3Jennings is one of the counties in which, by the act of January 16, 1849, exclusive original jurisdiction in assault and battery is vested in justices of the peace.

¶4The indictment should have been quashed. Sprigs v. The State, 2 Ind. R. 75.—The State v. Lackey, id. 285.—Smith v. The State, ante, p. 500.

Per Curiam.

¶5The judgment is reversed.

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