Duffy v. People , 1 Lock. Rev. Cas. 160 ( 1799 )

The Chancellor who delivered the opinion of the court, held also that the statute in question was constitutional, although it authorized a conviction by a magistrate without the intervention of a jury.

He also held that where the issue was upon the question of husband and wife, the conviction is not even prima facie evidence against the sureties.

Judgment reversed, all the members of the court but two voting for reversal.