State v. . McKnight

185 S.E. 437, 210 N.C. 57, 1936 N.C. LEXIS 14

• Court: Supreme Court of North Carolina
• Decided: April 29, 1936
• Status: Published

Opinion

Stacy, C. J.

On the record as it came from the recorder’s court, the defendant was entitled to a trial de novo in the Superior Court. Ch. 338, sec. 3, Private Laws 1909. The solicitor sought to show by evidence dehors that the defendant entered a plea of guilty in the recorder’s court, and that, therefore, the appeal was only on matters of law, e.g., sufficiency of warrant, validity of statute, or legality of judgment. S. v. Warren, 113 N. C., 683, 18 S. E., 498. Compare S. v. Ingram, 204 N. C., 557, 168 S. E., 837. Without resorting to certiorari or recordari, the judge undertook to determine the question for himself. This was in excess of his authority. S. v. Pasley, 180 N. C., 695, 104 S. E., 533; S. v. Koonce, 108 N. C., 752, 12 S. E., 1032; Neal v. Cowles, 71 N. C., 266.

Let the cause be remanded for disposition sanctioned by law.

Error.