People v. Fowler

Burnett, J., delivered the opinion of the Court—Field, J., concurring. The defendant was tried and convicted, before a justice of the peace, for malicious mischief, and appealed to the Court of Sessions ; where, upon a trial de novo, he was acquitted, and the Court adjudged Peck, the prosecutor, to pay the costs, upon the [86]ground that the prosecution was without probable cause. A writ of certiorari was issued upon the petition of Peck, and the proceedings brought before this Court.

The right of appeal from a final judgment, in a criminal case tried in a Justices’ Court, to the Court of Sessions, is given by the first subdivision of section 481 of the act regulating criminal practice. (Wood’s Dig., 308.)

There are two questions properly arising under this provision:

1. Is it constitutional?

2. If so, must the trial be de novo in the Court of Sessions ?

The sixth article of the Constitution of this State is more full and minute in its provisions in reference to the powers of the different Courts than perhaps any corresponding article in the Constitution of any other State. “ It seems,” as remarked by this Court, in the case of Zander v. Coe, (5 Cal. Rep., 231,) “ to have been drawn with great care and skill, and, as far as possible in an organic law, endeavors to establish a complete judicial system.” And it would seem to be equally true that a fair and just construction of all the sections of this article, when taken together, would leave all its provisions entirely consistent with each other, and perfectly capable of harmonious and practical application.

This article has often been before this Court for construction. In the case of Caulfield v. Hudson, (3 Cal. R., 389,) it was decided that the District Courts could possess no appellate jurisdiction. This decision was again approved in the subsequent case of Reed v. McCormick, (4 Cal., 342.) In the first part of the sixth section the phrase “original jurisdiction” is used, when referring to jurisdiction in cases in law and equity; and, although the word “ original ” is dropped in the subsequent clause, and the word “jurisdiction” stands alone, it still means original jurisdiction only. The rule of construction established by these decisions is this : that when certain powers are, in form, affirmatively bestowed upon certain Courts, they are still exclusive, unless there be some exception specified in the Constitution itself, or the power to prescribe the cases to which the jurisdiction should extend be expressly given to the Legislature. For example: there is affirmatively conferred upon the District Courts certain original jurisdiction in civil cases, and there is no specified exception stated, and no power expressly given to the Legislature either to limit or increase this jurisdiction; therefore it is, as to the class of cases enumerated, exclusive. In criminal cases the jurisdiction is unlimited and without specified exceptions; but the Legislature has express power to prescribe the cases to which the jurisdiction shall extend; and, therefore, the criminal jurisdiction, as to such cases, is not made exclusive by the Constitution.