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CRIMINAL JURISDICTION IN THE UNITED STATES. 



the District Court, in Ohio ; the Supreme Court, 

 in New Jersey ; the Court of Oyer and Ter- 

 miner, in Pennsylvania ; the Court of Com- 

 mon Pleas, in Rhode Island ; and the County 

 Court, in Vermont. The Maryland Court of 

 Appeals is composed of the circuit judges, sit- 

 ting in bane. 



In Massachusetts original criminal jurisdic- 

 tion (but in capital cases only) has been con- 

 ferred upon the Supreme Judicial Court. In 

 Maine, New Hampshire, and Rhode Island, the 

 supreme judges hold trial terms in the several 

 counties for the trial of all felonies and misde- 

 meanors, but the court sits in bane for the hear- 

 ing of appeals. 



In capital cases, the jurisdiction of the Su- 

 preme Judicial Court in Massachusetts is ex- 

 clusive. Exclusive jurisdiction in capital cases 

 is exercised also by the Courts of Oyer and 

 Terminer in Delaware, New Jersey, and New 

 York, and by the Circuit Court in Virginia. 



In three States special courts have been or- 

 ganized for the trial of all felonies (of which 

 class of offenses they have exclusive jurisdic- 

 tion), namely, the Circuit Court in Arkansas, 

 the Superior Court in Georgia, and the District 

 Court in Texas. 



But in the majority of States the same court 

 which has jurisdiction of felonies has jurisdic- 

 tion of misdemeanors also, either of all mis- 

 demeanors as in Alabama, Delaware, Illinois, 

 Kansas, Kentucky, Louisiana, Maryland, Massa- 

 chusetts, Missouri, New Hampshire, New York, 

 Pennsylvania, South Carolina, Vermont, Vir- 

 ginia, West Virginia, and Wisconsin or of 

 misdemeanors not cognizable by inferior courts, 

 as the case may be as in California, Colorado, 

 Connecticut, Florida, Maine, Michigan, Minne- 

 sota, Mississippi, Nebraska, Nevada, New Jer- 

 sey, North Carolina, Ohio, Oregon, Rhode Isl- 

 and, and Tennessee. These courts of general 

 criminal jurisdiction are known by various 

 titles : usually as circuit or district courts, but 

 sometimes as superior courts, or courts of ses- 

 sions, or courts of oyer and terminer, or of 

 common pleas. Their character is for the most 

 part similar. Their territorial jurisdiction is 

 commonly (but not always) bounded by the 

 limits of the county in which the term is held. 

 In Vermont and in Virginia they are called 

 county courts. 



In many States an inferior grade of courts 

 exists, with jurisdiction of misdemeanors only. 

 Such are the county courts of Alabama, Geor- 

 gia, Illinois, Oregon, and Texas ; also the Dis- 

 trict Court in Massachusetts, the Inferior Court 

 in North Carolina, the Probate Court in .Ohio, 

 and the Quarter Sessions in Pennsylvania. In 

 Arkansas, Mississippi, and Missouri, justices ot 

 the peace have jurisdiction of all misdemean- 

 ors. 



There is a class of courts found only in local- 

 ities which either possess concurrent jurisdic- 

 tion with some of the courts already named, 

 or replace them within certain defined territo- 

 rial limits, e. g., in a city, county, or district. 



To the first of the two subdivisions indicated 

 belong the City Courts of Mobile, Montgomery, 

 and Selma, in Alabama ; the City Courts of At- 

 lanta, Gainesville, and Savannah, in Georgia; 

 the Criminal Court of Cook County and the 

 City Courts of Alton, Aurora, East St. Louis, 

 and Elgin, in Illinois; the Superior Court of 

 Kennebec County, in Maine ; the Superior Court 

 of Grand Rapids, in Michigan ; the Court of 

 General Sessions in the city of New York, the 

 City Court of Brooklyn, the Superior Court of 

 the city of Buffalo, and the Courts of Special 

 Sessions for the cities of New York and Al- 

 bany, in the State of New York ; the Criminal 

 Court of New Hanover County, in North Caro- 

 lina ; the Special Criminal Courts in the coun- 

 ties of Davidson and Rutherford (forming one 

 circuit), Knox, Montgomery, Shelby, and Mad- 

 ison, in Tennessee ; the City Court of Burling- 

 ton, and the Municipal Court of Rutland, in 

 Vermont; and the Municipal Courts of Dane 

 and Milwaukee Counties, in Wisconsin. To 

 the second subdivision (jurisdiction exclusive) 

 belong the " Criminal Circuit " Courts of In- 

 diana ; the Criminal Court for the counties of 

 Canton, Campbell, Harrison, Bracken, and 

 Pendleton, in Kentucky ; the Criminal District 

 Court for the parish of Orleans, in Louisiana ; 

 the Superior Court of Cumberland, in Maine ; 

 the Criminal Court of Baltimore, in Maryland ; 

 the Criminal Court of Jackson County, the 

 Criminal Court of the Sixth Judicial Circuit, 

 the Moberly Court of Common Pleas, and the 

 St. Louis Criminal Court, in Missouri ; and 

 the Corporation or " Hustings " Courts, in Vir- 

 ginia. It may be presumed, however, that even 

 where the jurisdiction is concurrent, it is prac- 

 tically exercised (except, perhaps, in cases of 

 the very first importance) by the local rather 

 than by the general court. 



The trial jurisdiction of justices of the 

 peace is ordinarily limited to misdemeanors of 

 a low grade. Arkansas, Mississippi, and Mis- 

 souri, as stated above, are exceptions. But in 

 Georgia, Louisiana, Maine, Massachusetts, and 

 Rhode Island, justices have no trial jurisdic- 

 tion. In Maine and Massachusetts certain jus- 

 tices (designated by the Governor and specially 

 commissioned) are vested with trial jurisdic- 

 tion and entitled "trial justices." In Rhode 

 Island one justice in each town (chosen in some 

 cases by the Legislature and in others by the 

 town council) acts as trial justice, and his court 

 is known as a "justice court." In New York 

 justices have no trial jurisdiction as such ; but 

 they may try certain oifenses in their capacity 

 as courts of special sessions. In Ohio the ju- 

 risdiction of justices is limited to violations of 

 city or village ordinances. In the remaining 

 States the class of misdemeanors of which jus- 

 tices have jurisdiction is defined in the statutes 

 either by a list of the offenses triable injustices' 

 courts, or by prescribing the maximum penalty 

 which they are authorized to impose. This 

 maximum is, of course, arbitrary, and varies 

 greatly, the lowest being in Connecticut (seven 



