Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-01-09
iva DECISIONS.


Tho Superior Court Monday handed
down its formal opinions 10 the applioa,
ticn OF John Lynn for change Of venue
AID In the cert orari case Of Anton
HuchoKslii vs. the State pi Delaware.
Both Geoisiors were already known'to
the attorneys and the public, the court
having decided that Lynn must stand
trial IN this county, and that the Mu.
mic pal Court is ithout Jurisdiction in
vie Eeating uses.
Chief Justice Lore read tho opinion
IN the Lynn cnss. After citing the de-
tendhnt j PERSONS for asking Tor new
trial the opinion sets out that the
a.lidavita oGuced by the State made
it manifest that there was NJ pre- udice
against John Lynn, and therefore he
a egRtion was net sustained. lhe
second ress for change of venue
viz, the ecuniary interest of tho iuuges
and Jurors who we're to try the case was
discussed ut length.
u IS Il iundamen al maxim OF our
law, 81 d the QUIT, that no man ehall
sit as judge IN his own cause: while 1t
is equally rue that the humble as we'll
as the most doptaVed are guaranteed a
fair trial by IN impartial iitts. The
opinion sets out several authorities on
change Of venue and under them IL can
not appear tina. the Judges and jurors,
AS taxpayers o. New Castle county are
Interested IN such a substantial way as
to dIs4ualify them. Under tie act Of
1851, providing for fires, proYGion Is
made that oil fines or forfeitures shall
belong to the county in which they are
incurred, and under this act it seems
that II tile case VAS moved to either
OF the lower counties the fine OF any
would go to that county and therefore
under The defendant g allegation the
court would be interested, aa residen q
OF that county. From all tina appanrnd
in the case the court saw no reason to
prevent the defendant from hag.Eg %
Iair and impart al trial here and re-
fused the motiun for change OF venue.
cry COURT WITHOUT JGtitsDiCTIoS.
In the zuchowski wife beating case
Juage Spruanos gave the opinion of tho
court saying 10 part:
1t appears by the record of the Municipal
Court for the city OF Wilmington that the
defendant was on November 9Th 1901. con
| victed IN SAID court of au assault and battery
upon his vile md sentenced to pay the
| costs OF prosecution, 10 be imprisoned for
10 days and to be whipped with 10 lushes.
llie chSt NAV iuB JetL 10 IIllS tUufV
| by certiorari Mt the suit of the defendant,
he has excepted to the jurisdiction OF the
| court below. The judge recited that The
! prosecution was unuer tine new wife beating
| att and quu,ed from the act creating the
| Municipal Court with especial reference to
| as aults and batteries. he ASSAULTS and
batteries OF which the said Municipal Cont
has jurisdiction are common law offence
\ ana not statutory assaults ard batteries.
punishable by ignomihiuus penalties usually
| inflicted uEon t6lunS. IL is iucun-
ceivab Q that the Legislature or Constitu.
| tional Convention has Intentionally con
| teried upon said Municipal Court iurisdic-
tion of IN offence punishable by whipping
i or other ignGminiOus penalty without Jury
trial and without appeal.
Tho defendant was tried by the court he
low without appeal and the right OF appeal
| II not expressly given him by the CoustlLu.
tion or any statue
Section 20 of article of the present Com
| stitution in reference TO -he jurisdiction oil
inferior courts provides THAT there shall be
an appeal TO the Court of General Sessions
in all cases in which tbs sentence shall be-
| imprisonment exceeding one month, or
line exceeding sl0O."
This is ear indication of the purpust
OF the convention to limit penalties to be
imposed by interior courts established or IL
be established to fine or imprisonment Of
both. II this is not so, the Legislature might
iMPpse tIlo ueHlH Heud W 1Or any OF INT
offences of which an interior court has o.
may have jurisdiction and the sentence %
such court would bs final. This, OF course
is incredible.
1t will be observed that the net of Febru
airy 22d, 1901, 1.-THE wife beating actl doc
not expressly confer upon said Municipal
Court jurisdiction of the offence thereby
created and 1t Is probable that such laws no
the intention of the Legislature, as said ac
does not appear to have been passed with
the concurrence oil two-thrds of all III,
members elected to each house, as required
by section 30, article 4, of the Constitution
to give Jurisdiction to inferior courts o
other misGemeaEors than those enutneratet
in said section.
We are at the opinion that the sale
Municipal Court had no jurisdiction of TN
offence of which the defendant was con
Victen. The Judgment below is reversed.