State v. Everett

Supreme Court of North Carolina

State v. Everett

94 S.E.2d 576, 244 N.C. 596, 1956 N.C. LEXIS 467

DecidedOctober 10, 1956

StatusPublished

This text of 94 S.E.2d 576 (State v. Everett) 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. Everett, 94 S.E.2d 576, 244 N.C. 596, 1956 N.C. LEXIS 467 (N.C. 1956).

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Opinion

Bobbitt, J.

Before the 1945 amendment (Ch. 701, 1945 Session Laws) the State had no right of appeal to the Superior Court from the judgment of an inferior court of competent jurisdiction given for the defendant upon a special verdict. G.S. 15-179; S. v. Nichols, 215 N.C. 80, 200 S.E. 926. The 1945 amendment implies that there may be circumstances under which the State has such right of appeal. Quaere: Unless the statute under which a recorder’s court is established so provides, may the judge of such court return a special verdict?

On this appeal, we do not reach the question posed above. Nor do we consider whether the findings of fact are sufficient to constitute a criminal offense under G.S. 14-80.

Here the warrant charges that defendant unlawfully and wilfully authorized and directed Cherry to do certain things. What Cherry did, if anything, pursuant to such authorization and direction, is not alleged.

Lack of jurisdiction appears on the face of the record. The warrant does not charge a criminal offense. No valid judgment could be pronounced thereon. S. v. Morgan, 226 N.C. 414, 38 S.E. 2d 166; S. v. Ivey, 230 N.C. 172, 52 S.E. 2d 346. Therefore, the judgments of the recorder’s court and of the Superior Court are void. Since the courts below had no jurisdiction, the appeal to this Court is dismissed.

[598]*598Appeal dismissed.

Johnson, J., not sitting.

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Bobbitt, J.

Before the 1945 amendment (Ch. 701, 1945 Session Laws) the State had no right of appeal to the Superior Court from the judgment of an inferior court of competent jurisdiction given for the defendant upon a special verdict. G.S. 15-179; S. v. Nichols, 215 N.C. 80, 200 S.E. 926. The 1945 amendment implies that there may be circumstances under which the State has such right of appeal. Quaere: Unless the statute under which a recorder’s court is established so provides, may the judge of such court return a special verdict?

On this appeal, we do not reach the question posed above. Nor do we consider whether the findings of fact are sufficient to constitute a criminal offense under G.S. 14-80.

Here the warrant charges that defendant unlawfully and wilfully authorized and directed Cherry to do certain things. What Cherry did, if anything, pursuant to such authorization and direction, is not alleged.

Lack of jurisdiction appears on the face of the record. The warrant does not charge a criminal offense. No valid judgment could be pronounced thereon. S. v. Morgan, 226 N.C. 414, 38 S.E. 2d 166; S. v. Ivey, 230 N.C. 172, 52 S.E. 2d 346. Therefore, the judgments of the recorder’s court and of the Superior Court are void. Since the courts below had no jurisdiction, the appeal to this Court is dismissed.

[598]*598Appeal dismissed.

Johnson, J., not sitting.

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94 S.E.2d 576, 244 N.C. 596, 1956 N.C. LEXIS 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-everett-nc-1956.

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