State v. Richardson

Citations

• 30 Del. 6
• 7 Boyce 6
• 102 A. 82
• 1917 Del. LEXIS 40

Syllabus

<p>1. Criminal Law—Defenses—Former Jeopardy.</p> <p>In general a conviction on the charge of assault and battery before the justice of the peace having jurisdiction in a proceeding regular and bona fide is a bar to a subsequent indictment for the same offense.</p> <p>2. Criminal Law—Jurisdiction—Justices of the Peace—Assault and Battery.</p> <p>Under Rev. Code 1915, § 3957, providing that every justice of the peace may punish by fine not exceeding $10 all assaults and batteries when the offense is not of high or aggravated character, provided that the defendant shall in writing submit to his decision, and provided that after hearing he shall consider that the case ought not to be submitted to a higher jurisdiction, the justice of the peace has no authority to fine an offender, unless he submits in writing to the jurisdiction. •</p> <p>3. Criminal Law—Jurisdiction—Justices of the Peace—Assault and Battery.</p> <p>Under such section, the justice of the peace has no jurisdiction to fine one accused of assault and battery until after hearing in which is determined whether the assault is of such an aggravated nature that it should be submitted to the higher jurisdiction.</p> <p>4. Criminal Law—Defenses—Former Jeopardy—Burden of Proof.</p> <p>When a defendant pleads a former conviction before a justice of the peace as a bar to a subsequent indictment, the burden is upon the pleader to set forth a state of facts which will show the jurisdiction and authority of the justice to do that which he did do.</p> <p>5. Criminal Law—Defenses—Former Jeopardy—Burden of Proof.</p> <p>In a plea of former jeopardy, while it may not be necessary to set forth in detail the facts giving jurisdiction and authority to the justice before whom the formen conviction was had there must be a sufficient statement of facts to warrant the lawful inference that legal requirements have been complied with.</p> <p>6. Criminal Law—Defenses—Former Jeopardy—Burden of Proof.</p> <p>A plea of autrefois convic