State v. Banks

86 S.E.2d 76, 241 N.C. 572, 1955 N.C. LEXIS 417

Opinion

Per Curiam.

“The Superior Court has no jurisdiction to try an accused for a specific misdemeanor on the warrant of an inferior- court unless be is first tried and convicted for such misdemeanor in tbe inferior court and appeals to tbe Superior Court from sentence pronounced against bim by tbe inferior court on bis conviction for sucb misdemeanor. S. v. Thomas, 236 N.C. 454, 73 S.E. 2d 283.” S. v. Hall, 240 N.C. 109, 81 S.E. 2d 189.

“Tbe record fails to disclose jurisdiction in tbe court below. S. v. Patterson, 222 N.C. 179, 22 S.E. 2d 267. As tbat court was without jurisdiction, in so far as tbis record discloses, we bave none. S. v. Jones, 227 N.C. 94, 40 S.E. 2d 700. Therefore, tbe appeal must be dismissed on authority of S. v. Patterson, supra.” S. v. Morris, 235 N.C. 393, 70 S.E. 2d 23.

For such failure of tbis record to show jurisdiction, tbe appeal must be dismissed. Rule 19 (1), Rules of Practice in the Supreme Court, 221 N.C. 544 (553).

Appeal dismissed.