Lancaster v. State

Briscoe, J., delivered the opinion of the Court. It appears from the record in this case that the appellant, Patsie Lancaster, was charged, on the 28th of April, 1899, before Eugene E. Grannan,a police justice, at the Criminal Police Station, Baltimore, with assaulting and striking one Rebecca Hooff, with intent to kill. On the 19th of May, 1899, the words “with intent to kill,” were stricken out by the justice and the case was heard on the charge of assault. The appellant was adjudged guilty and sentenced to serve eighteen months in jail and to pay a fine of ten dollars and costs.

The proceedings were brought in the Court below by writ of certiorari, and from the ruling of the Court in granting a motion to quash the writ, this appeal has been taken. By the amended return to the writ, the following proceedings appear to have been had before the justice : “ On the 19th 'day of May, 1899, the appellant, Patsie Lancaster, was brought before a justice of the peace of the State of Maryland, in and for the city of Baltimore, and duly assigned by the Governor of the State to sit at the Central Police Station of the said city; that on the 19th day of May the charge was changed from assault with intent to kill to simple assault on the said Rebecca Hooff; that Patsie Lancaster ²¹⁵ was informed by me of her right to a trial by jury, whereupon she expressed her desire to have the case tried by me; the case was then heard by me and she was adjudged guilty and sentenced by me to serve eighteen months in jail and to pay a fine of ten dollars and costs, as will appear by reference to the return filed by me in the case, and of which this return is prayed to be taken as a part.” It is contended upon the part of the appellant: First, that the proceedings before the police justice were defective and irregular, and therefore the judgment is void. Second, that the Act of 1894, chapter 281, conferring upon the police justices of Baltimore City, jurisdiction to hear and try cases of assault and battery, is unconstitutional. Now it clearly appears from the record of proceedings, that the justice had jurisdiction of the person and the subject-matter, and having acted within the limits of this jurisdiction, the Court below committed no error in quashing the writ of certiorari.

In Kane v. State, 70 Md. 552 , it is said : “ If it appear that jurisdiction was obtained both of the person and subject-matter, and that such jurisdiction had not been exceeded, the validity of the judgment rendered will not be affected by the fact that there may have been irregularites and want of form in the proceeding upon which the judgment is founded * *. Such irregularities or want of form in the proceedings can only be corrected on appeal, in cases where that mode of review is allowed. The writ of certiorari is issued upon the