State v. . Taylor

24 S.E. 526, 118 N.C. 1262

• Court: Supreme Court of North Carolina
• Decided: February 5, 1896
• Status: Published

Opinion

Furches, J:

The appeal is without merit and cannot be sustained. If the justice of the peace had authority to amend the warrant, under Section 908 of The Code, he did not do it. And we know of no power we have, or the superior court had, to compel him to exercise a discretionary power.

But this being a proposition or motion to Strike out the offence charged in the warrant, and to insert another offence, it seems that such amendment was not authorized. State v. Vaughan, 21 N. C., 535; State v. Cook, Ibid, 236.

But the prosecutor had no right to appeal, except it may be as to costs. State v. Powell, 86 N. C., 640.

And while the superior court may review the finding of fact and judgment of justices of the peace on matters of costs in cases like this, the findings of the judge are conclusive upon this Court. And if the judgment of the superior court is in accordance with the facts found, that is also conclusive, upon this Court. State v. Hamilton, 106 N. C., 660.

And as the judge below does not set out the facts upon which he founded his judgment, we must take them as being sufficient to justify his judgment.

Affirmed.