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State v. Evans

137 S.E.2d 811, 262 N.C. 492, 1964 N.C. LEXIS 659
CourtSupreme Court of North Carolina
DecidedSeptember 23, 1964
Docket4
StatusPublished
Cited by7 cases

This text of 137 S.E.2d 811 (State v. Evans) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Evans, 137 S.E.2d 811, 262 N.C. 492, 1964 N.C. LEXIS 659 (N.C. 1964).

Opinion

Pee Cueiam.

A defendant may be tried in the Superior Court upon a warrant only when there has been a trial and appeal from a conviction by an inferior court having jurisdiction. G.S. 15-137, G.S. 15-140; *493 State v. Norman, 237 N.C. 205, 74 S.E. 2d 602. As this Court has repeatedly held, where there has been no such conviction, trial in the Superior Court upon the original warrant is a nullity. State v. Peede, 256 N.C. 460, 124 S.E. 2d 134; State v. Johnson, 251 N.C. 339, 111 S.E. 2d 297; State v. Thomas, 236 N.C. 454, 73 S.E. 2d 283. The judgment of the Superior Court is vacated and the case remanded for further proceedings as allowed by law.

Judgment arrested.

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Related

State v. Petersilie
432 S.E.2d 832 (Supreme Court of North Carolina, 1993)
State v. Petersilie
414 S.E.2d 41 (Court of Appeals of North Carolina, 1992)
State v. Felmet
273 S.E.2d 708 (Supreme Court of North Carolina, 1981)
State v. Guffey
194 S.E.2d 827 (Supreme Court of North Carolina, 1973)
In Re Estate of Lowther
156 S.E.2d 693 (Supreme Court of North Carolina, 1967)
State v. King
154 S.E.2d 906 (Supreme Court of North Carolina, 1967)

Cite This Page — Counsel Stack

Bluebook (online)
137 S.E.2d 811, 262 N.C. 492, 1964 N.C. LEXIS 659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-evans-nc-1964.