State ex rel. Fugita v. Milroy

Citations

• 71 Wash. 592
• 129 P. 384
• 1913 Wash. LEXIS 1371

Syllabus

<p>Courts — Creation—Jurisdiction—Larceny. Under Const., art. 4, § 1, vesting judicial power in certain courts, and such inferior courts as the legislature may provide, and art. 4, § 12, providing that the legislature shall prescribe the jurisdiction and powers of such inferior courts, the legislature had power by Rem. & Bal. Code, § 7656, to create police courts in cities of the second class, and by § 7657, to confer on them jurisdiction of petit larceny committed within the city.</p> <p>Criminal Law — Jurisdiction—Change oe Penalty — Larceny— Statutes — Construction. Rem. & Bal. Code, § 7657, expressly conferring on police courts jurisdiction of petit larceny committed in the city, and limiting the jurisdiction in the case of misdemeanors to those punishable by fine not exceeding $500, or by imprisonment not exceeding six months, does not oust the court of jurisdiction in the case of petit larceny upon a subsequent change of penalty.</p> <p>Statutes — Titles and Subjects — Scope. An act entitled an act for the “government of municipal corporations” is broad enough to include provisions creating a police court and conferring jurisdiction thereon of prosecutions for petit larceny committed within the city.</p> <p>Jury — Right to Jury Trial — Venire—Body oe County. A venire to summon a jury in a police court “from the body of your city” violates Const., art. 1, § 22, guaranteeing the right of trial by an impartial jury of the county; and since Rem. & Bal. Code, §§ 679, 1762, and 7665, empowers police officers of a city to serve all processes from the police court in any part of the county, such a venire is not authorized by Id., § 69, conferring on a court all the means necessary to carry into effect jurisdiction conferred upon it.</p>