In re Berry
In the matter of Samuel V. Berry
In re Berry, 7 Mich. 467 (1859)
Headnotes
Justices of tlio Peace and the Police Justice of Detroit, under the statute giving them jurisdiction of criminal offenses where the punishment does not exceed a fine of one hundred dollars or three months’ imprisonment, or both, have no jurisdiction of cases where the maximum punishment allowed by law exceeds those limits.
Summary
Habeas Corpus to the sheriff of "Wayne county, to bring up the body of the petitioner. The return showed that the sheriff held him in custody under a warrant of com-, mitment issued by the police justice of Detroit, on con-viction for unlawfully attempting to join in marriage a white person and a negro; upon which conviction the justice had sentenced him to pay a fine of fifty dollars, and in default thereof to be imprisoned ninety days.
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Opinion of the Court
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The court held the case to be clearly beyond the jurisdiction of the police justice, and ordered petitioner to be discharged.
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