Ex parte McCarthy

It is not necessary in this case to define the terms “ capital or other infamous crime,” employed in sec. 8 of art. 1 of the Constitution of the State. (Art. 1, sec. 8.)

It may be admitted that “ exhibiting a deadly weapon in a rude, angry, and threatening manner” is not an “infamous crime,” which can be prosecuted only by presentment or indictment by a grand jury.

*413 The Constitution provides that the County Courts shall have “ such criminal jurisdiction as the Legislature may prescribe ” (art. 6, sec. 8) ; and that the Legislature shall “ fix by law the powers, duties, and responsibilities ” of Justices of the Peace— “ provided such powers shall not in any case trench upon the jurisdiction of the several Courts of Record.” (Art. 6, sec. 9.)

The statute provides: “ Every public offense must be prosecuted by indictment, except [after other enumerated exceptions] offenses tried in Justices’ and Police Courts.” (Penal Code, sec. 682.)

Neither the Constitution, (art. 1, sec. 8) nor the section of the Penal Code last cited, prohibits the prosecution by indictment of any criminal offense.

And the Code of Civil Procedure (sec. 85) declares that the jurisdiction of the County…