State v. . Jones
This text of 59 S.E. 117 (State v. . Jones) 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.
Opinion
By chapter 573, Laws of 1907, the Recorder’s Court was created at Winston for the trial of petty misdemeanors, but with right of appeal to the Superior Court. By section 4 of said act, larceny of goods less than $10 was made a petty misdemeanor. The defendant, convicted in said court on a charge of petty misdemeanor, in stealing ship-stuffs of the value of $3, appealed to the Superior Court, and, being put on trial de novo, objected because no indictment against him had been returned by a grand jury. The Judge overruled the exception; the defendant excepted and, there being a verdict of guilty, appealed.
There is no error. The same point has been fully discussed and settled in State v. Lytle, 138 N. C., 738. In like manner, when .a case is tried in the Superior Court on appeal from a justice of the peace, no indictment is required. State v. Quick, 72 N. C., 243; State v. Thornton, 136 N. C., 616.
No Error.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
59 S.E. 117, 145 N.C. 460, 1907 N.C. LEXIS 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-jones-nc-1907.