State v. Bennie Ray.

29 S.E. 61, 122 N.C. 1097, 1898 N.C. LEXIS 407

• Court: Supreme Court of North Carolina
• Decided: February 22, 1898
• Status: Published

Opinion

Clark, J.:

Section 3 Chapter 75, Acts of 1895, (by which Act the Criminal Circuit Court of Buncombe, Madison,' Haywood and Henderson 'Counties was created) confers upon said court (1) exclusive original jurisdiction of all crimes, misdemeanors and offences committed within the Counties composing said districts, fully and to the same extent as the Superior Courts of the State, and (2) exclusive appellate jurisdiction of all offences tried and determined before a justice of the peace in said counties. In the case of Rhyne v. Lipscombe, (ante, 650,) we have held the first provision tobe within the purview of section 12, Art. IV, of the Constitution, but the second provision was held void, being in conflict with section 27 of the same Article which provides that the appeal lies from justices of the peace in both civil and criminal actions to the Superior Court of the County. Section 5 of said Chapter 75 provides that appeals lie from said criminal court direct to this court, but in the case just cited we have felt constrained to hold that this is in derogation of the constitutional provisions in regard-to the Superior Courts from which alone appeals lie to this court. While the power of this legislature to create such courts has been adjudged (State v. Jones, 97 N. C., 469; Ewart v. Jones, 116 N. C., 570)the right of a direct appeal therefrom to this court has not before this term been ruled upon. The appeal having been improvidently taken must be dismissed. The appellant will take his appeal by certiorari or otherwise, as he may be advised to the Superior Court of Buncombe County and from the judgment of that court, should it be adverse to him, an appeal can be prosecuted, should he so desire, to this court.

Appeal Dismissed.