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2 paragraphs · 90 words
Glover, J.—We think that the Sessions Judge''s order for commitment should be quashed. The offence of which the accused had been convicted by the Magistrate was, as is admitted by the Sessions Judge, one triable by a Magistrate; and therefore it was beyond the power of the superior Court to annul the conviction and order a commitment.
2.
Section 435, Act VIII of 1869, refers only to cases which are not triable by a Magistrate, and in which therefore he had exercised a jurisdiction that did not belong to him.