State v. Hamilton

CLARK, Judge.

In his motion to quash the indictment the defendant alleged that the Superior Court is without jurisdiction “for the reason that the defendant has previously been placed in jeopardy,” but prayed that the case be remanded to the District Court for juvenile proceedings. Defendant contends in his brief on appeal that Judge Washington had no authority to overrule Judge Gentry, who had made a finding of probable cause under G.S. 7A-280 at the 3 June 1977 hearing and made a decision to try the defendant as a juvenile on 29 June 1977. Defendant abandons the double jeopardy argument.

The…