Montross v. State

Citations

• 61 Miss. 429

Syllabus

<p>1. Constitutional Law. Legislative power to confer jurisdiction on inf erior courts. Municipal charter.</p> <p>The legislature cannot confer upon courts established by it jurisdiction exclusive of that which by the constitution is given to courts established by the constitution itself, nor can it delegate to such courts the power to declare what shall be the punishment for offenses against the laws of the State. Hence, where it was the purpose of the legislature in a municipal charter to confer upon the municipal authorities the exclusive right to determine what should be the punishment inflicted for a commission of certain offenses against the State committed within the limits of the town, and jurisdiction exclusive of the circuit courts to sit in judgment upon a person charged with such offense, each of these purposes was violative of the constitution and the scheme ineffectual.</p> <p>2. Prior Jeopardy. Jurisdiction.</p> <p>A party who has been tried and convicted by a court not having jurisdiction of the offense cannot plead prior jeopardy if subsequently indicted for the same offense in a court having jurisdiction thereof.</p>