conviction for the lesser offense. For instance, if the indictment is for grand larceny, and the court has jurisdiction of grand larceny but not of petit larceny, the defendant may be convicted of petit larceny. But a court which has jurisdiction only for petit larceny can not render judgment in cases of grand larceny. Where by statute the place and time for the court to sit are prescribed, such requirements must be observed or the proceedings will be void."

§ 862. State courts.-State courts are created by the statutes or constitutions of the several states, and their jurisdiction is fixed and defined in the same manner. In every county of each state there is a court of general jurisdiction, which has authority to try cases in general except some minor offenses of which justices of the peace have exclusive jurisdiction. The names given to this court in the different states vary; such as circuit court, district court, superior court, court of common pleas, etc. In some instances there are other courts between the court of general jurisdiction and the justice of the peace court. There are in all the states higher courts which have jurisdiction to review the judgment of the trial court on appeal or writ of error.

Justices of the peace have jurisdiction to hold preliminary examinations of persons charged with crime and either to discharge them, admit them to bail, or commit them for trial. They also have jurisdiction to bind over persons to keep the peace; and are given exclusive jurisdiction of certain petty offenses such as vagrancy or disorderly conduct, and concurrent jurisdiction with the higher courts in some other cases. In certain cases the accused has the right to appeal to the court of general jurisdiction, where he is tried again. Police courts in cities have practically the same jurisdiction as justices of the peace.

6 State v. Lesperman, 108 N. Car. 770, 14 S. E. 14.

7 In re Terrill, 52 Kans. 29, 34

Pac. 457, 39 Am. St. 327; Jackson v. Commonwealth, 13 Grat. (Va.) 795.

Also in every county there is a coroner, who calls a coroner's court or inquest to inquire into the causes of sudden death where violence is indicted.

§ 863. Federal courts.-The Federal courts are created by the Federal constitution and Federal statutes. They are the Supreme Court, the circuit courts of appeals, the district courts, and the commissioners' courts.

The Supreme Court has original jurisdiction in a few classes of cases expressly stated in the constitution. By various Federal statutes it is given appellate jurisdiction to review convictions of capital or otherwise infamous crimes by the circuit and district courts; to review decisions made by the circuit courts of appeal ;9 to review the decisions made state courts of last resort in certain cases;10 and has power by writ of habeas corpus to investigate cases where persons are held in custody under color of Federal authority.1

11

The circuit courts of appeals have appellate jurisdiction over decisions of the district courts.12

United States Commissioners have jurisdiction similar in the Federal government to that of the justices of the peace in state governments. 13

8 U. S. Comp. Stat. (1916), §§ 1210, 1213. See also, Marbury v. Madison, 1 Cranch (U. S.) 137, 2 L. ed. 60; Osborn v. United States Bank, 9 Wheat. (U. S.) 738, 6 L. ed. 204

9 U. S. Comp. Stat. (1916), § 1216. See also, Dickinson v. United States, 174 Fed. 808; Cella V. Brown, 144 Fed. 742; Louisville, N. A. & C. R. Co. v. Pope, 74 Fed. 1. 10 U. S. Comp. Stat. (1916), 1214. See also, Murdock v. Memphis, 20 Wall. (U. S.) 590, 22 L. ed. 429; Caperton v.. Ballard, 14 Wall (U. S.) 238, 20 L. ed. 885.

11 U. S. Comp. Stat. (1916), § 1291. See also, Caper v. Fitzgerald, 121 U. S. 87, 30 L. ed. 882; Ex parte Parks, 93 U. S. 18, 23 L. ed. 987; In re Yerger, 8 Wall (U. S.) 85, 19 L. ed. 332.

12 U. S. Comp. Stat. (1916), § 1120. See also, Lau Ow Bew v. United States, 144 U. S. 47, 36 L. ed. 340; McLish v. Roff, 144 U. S. 661, 35 L. ed. 893.

13 U. S. Comp. Stat. (1916), § 1333. See also, United States v. Allred, 155 U. S. 591, 39 L. ed. 273; United States v. Hom Hing, 48 Fed. 635.

All Federal courts are confined in their jurisdiction expressly to that which is given them by statute and the constitution, and none of them has general jurisdiction.

§ 864. Venue.-The county in which an offense is committed and must be tried is called the venue of the crime. The general rule is that a person charged with a crime must be tried in the county where it was committed. There are some exceptions to this rule at common law, and others have been created by statute. The principal reason for the rule is that the accused is entitled to be tried by a jury of his peers, selected from the county where the offense was committed.

An interesting question as to venue arises when the agency of the crime is set in motion in one county, and the result is accomplished in another; as where a mortal blow is struck in one county, and the person struck dies in another county. The general rule in such cases is that the crime is committed where the blow is struck.14 It was held at a very early date that the accused could not be tried in either county, for a jury of one county could only take cognizance of the blow, and of the other only of the death and not of the blow.15 To set the matter at rest the statute of 2 & 3 Edw. VI. ch. 24 was passed, providing that in such case the prosecution might be held in the county where the victim died. The result of this statute was to allow trial in either county. Similar statutes are found in some of the states of this country.

Where one sets in motion an agency in one county, the impact of which causes death in another, the venue is in the latter county; as where one feloniously shoots across the boundary line of a county, and kills a person in another, the

14 Green v. State, 66 Ala. 40, 41 Am. Rep. 744; 1 Hale C. P. 426; 1 East P. C. 361.

151 Hale C. P. 426; 1 East P. C. 361; 2 Hawk. P. C. C. 25, § 36.

murder is committed in the latter county.16 One who while in one county commits a crime in another county through an innocent agent is held to have committed the crime in the latter county and must be tried there.17 The venue of larceny is where the property is taken. But at common law the thief may be prosecuted in any county, even of another state, into which he takes the property.18 The legal possession of the goods remains in the owner, and therefore there is a continuing trespass, and felony. In cases of false pretenses the venue may be laid in the county in which the property was obtained by the pretense, though it may have been sent from another county.19 The same rule also holds in forgery, 20 or libel.21 It is also held that if these offenses are committed by letter, the offender may be tried in the county where the letter is prepared, though the former would seem the better rule.22 The venue of embezzlement is the county where the property is appropriated, unless the transaction extends beyond that county 23 The venue of robbery is in the county where the property is taken;24 the venue of libel the county of publication.25 At common law prosecutions for bigamy must be in the county where the bigamous marriage took place,26 but by statute in some jurisdictions the offense

16 People v. Adams, 3 Denio (N. Y.) 207, 45 Am. Dec. 468; 1 Hale P. C. 475; 1 East P. C. 367.

17 People v. Rathbun, 21 Wend. (N. Y.) 509; Anonymous, J. Kelyng 53; 1 Hale P. C. 430, 431, 615, 617.

18 Commonwealth v. De Witt, 10 Mass. 154; 4 Bl. Comm. 305; 2 Hale P. C. 163; 1 Chit. Crim. L. 178; 2 East P. C. 771, 772.

19 Norris v. State, 25 Ohio St. 217, 18 Am. Rep. 291.

20 People v. Rathbun, 21 Wend. (N. Y.) 509.

21 Commonwealth v. Blanding, 3

Pick. (Mass.) 304, 15 Am. Dec. 214.

22 Landa v. State, 26 Tex. App. 580, 10 S. W. 218.

23 People v. Murphy, 51 Cal. 376; State v. Bailey, 50 Ohio St. 636, 36 N. E. 233.

24 Sweat v. State, 90 Ga. 315, 17 S. E. 273.

25 Commonwealth v. Blanding, 3 Pick. (Mass.) 304, 15 Am. Dec. 214; Rex v. Johnson, 7 East 65.

26 Brewer v. State, 59 Ala. 101; 1 Hale P. C. 692, 693.

is made a continuous one, and the prosecution may be wherever the parties are found living in bigamy.27

A person who takes such a part in a misdemeanor that if the offense were a felony he would be an accessory, but as it is a misdemeanor, is punishable as a principal, may be prosecuted where the crime is committed, even if acting in another county.28 But there is some doubt as to whether one who is accessory in one county to a felony perpetrated by a guilty agent in another, may be tried as an accessory in the county where the crime is committed,29 though such is the general provision of statutes.

One who creates a nuisance in one county, which affects residents in another county, may be tried in either county.

30

One who on shore kills another upon the high seas by firing a gun is triable by the admiralty courts, which have jurisdiction of the high seas.31 There is more uncertainty where a gun fired on the high seas kills one on land.32

Crimes against the United States committed within the territory of a state must be tried in the state and district of commission; those committed in territory not that of a state at such a place as congress may direct.33 Crimes committed outside of the jurisdiction of any particular state or district are tried in the aistrict in which the offender is first brought into custody.34

In addition to the instances already mentioned, the common law rules of venue have been largely changed by statute. It is provided in many jurisdictions that when a crime is com

27 Commonwealth v. Bradley, 2 Cush. (Mass.) 553; State v. Johnson, 12 Minn. 476, 93 Am. Dec. 241. 28 Commonwealth v. Gillespie, 7 Serg. & R. (Pa.) 469, 10 Am. Dec. 475; Rex v. Brisac, 4 East 164; 1 Bish. New Crim. Prac., § 57, 4.

29 1 Bish. New Crim. Prac., § 58. 30 State v. Lord, 16 N. H. 357; 2 Hawk, P. C., ch. 25, § 37.

31 Rex v. Coombes, 1 Leach 888; 1 East P. C. 367.

32 United States v. Magill, Fed. Cas. No. 15676, 4 Dall. (U. S.) 426, 1 Wash. C. C. 463, 1 L. ed. 894. 33 U. S. Const., art. 3, § 2.

34 U. S. Comp. Stat. (1916), § 1023.