State Codes and Statutes

Statutes > Connecticut > Title54 > Chap961 > Sec54-95a

      Sec. 54-95a. (Formerly Sec. 54-17). Jurisdiction of Superior Court. In any prosecution for the violation of any provision of any charter, ordinance or bylaw of a city or borough, the defendant shall have the right of appeal as in other cases.

      (1949 Rev., S. 8743; 1959, P.A. 28, S. 142; 1963, P.A. 642, S. 62; P.A. 74-183, S. 133, 291; P.A. 76-436, S. 524, 681.)

      History: 1959 act substituted circuit court for municipal court or trial justice, which were abolished; 1963 act updated statute, deleting provisions giving superior court jurisdiction of offenses not within jurisdiction of court of common pleas and concurrent jurisdiction of offense within its jurisdiction; P.A. 74-183 replaced circuit court with court of common pleas, reflecting reorganization of judicial system, effective December 31, 1974; P.A. 76-436 deleted provisions granting superior court sole jurisdiction of offenses not in common pleas court's jurisdiction and concurrent jurisdiction of offenses in common pleas court's jurisdiction, rendered obsolete by transfer of all trial jurisdiction to superior court, effective July 1, 1978; Sec. 54-17 transferred to Sec. 54-95a in 1981.

      Annotations to former section 54-17:

      Superior court formerly had no power to try a criminal case without a jury, even on agreement of parties. 27 C. 281. See now section 54-82. General criminal jurisdiction of superior court. 97 C. 600; 106 C. 719. Cited. 145 C. 124. Cited. 153 C. 129 (fn. 1). The general rule of jurisdiction is that nothing shall be intended to be out of the jurisdiction of the superior court but that which specially appears to be so; and, on the contrary, nothing shall be intended to be within the jurisdiction of an inferior court but that which is expressly so alleged. Id., 603, 612, 613. Cited. 154 C. 272, 278. Cited. 155 C. 595. Cited. 159 C. 150. Jurisdiction over the subject matter can neither be waived nor conferred by consent of the accused. 167 C. 228.

      Cited. 9 CS 167. Held proper for police court to yield jurisdiction to superior court in certain gambling arrests in light of state's attorney's drive against gambling being carried on through superior court. 21 CS 246. Cited. 33 CS 708.

      Cited. 5 Conn. Cir. Ct. 119.

      Annotations to present section:

      Cited. 14 CA 574.