The opinion of the court was delivered by: Bifferato
VINCENT A. BIFFERATO, ASSOCIATE JUDGE
On September 6, 1968, oral arguments were heard on defendants' motions to dismiss the indictments against them charging violation of 11 Delaware Code, Section 813. The defendants contend that an act of the General Assembly, passed after the commission of the alleged offenses, increases the penalties of the statute and, therefore, repeals the statute on which the indictments were based. Both cases arise out of the same facts and present the identical questions of law.
Defendants were arrested on September 1, 1967, and charged with assault and battery on a police officer in violation of Title 11, Section 813 of the Delaware Code. Ten continuances were granted in Municipal Court for the City of Wilmington. The defendants were found guilty on April 5, 1968, and appealed to this Court.
The statute under which the defendants were charged at the time when the alleged offenses were committed reads as follows:
"(a) Whoever, with intent to do bodily harm, assaults a duly constituted police officer, prison guard or other law enforcement officer, acting in the lawful performance of his duties, while in uniform, or after evidence of authority has been exhibited, or after authority has been specifically declared, shall be fined not less than $100 nor more than $1,000, or imprisoned not more than 90 days, or both."
"(b) Justices of the Peace shall have jurisdiction of offenses under this section."
On December 27, 1967, House Bill No. 152, an act of the General Assembly of the State of Delaware, became law. It reads as follows:
"AN ACT TO AMEND SECTION 813, TITLE 11, DELAWARE CODE, RELATING TO ASSAULT ON POLICE OFFICERS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Section 813, Title 11, Delaware Code, is amended by striking the remainder of subsection (a) after the word "imprisoned" and inserting in lieu thereof the following:
not less than thirty days or more than two years, or both.
Section 2. Subsection (b) of Section 813 Title, 11, Delaware Code, is hereby repealed."
Section 1 of House Bill No. 152 partially amends the penalty for violation of Title 11, Section 813, of the Delaware Code. Section 2 of House Bill No. 152 repeals the jurisdiction of the Magistrates ...