State v. . Edney
Supreme Court of North Carolina
Indictment fur a Misdemeanor tried: at Spring Term, 1878, of Henderson Superior Count,, before Cloud, J. This aetion was commenced before a Justice of the peace,, in which the defendant vías charged with entering upon the-land of the prosecutor, J. H. Townsend, in violation of Bat. Rev., eh. 32, § 116. Judgment was rendered against him for a small sum and costs, from which he appealed to the-superior court where the case was submitted to a jury who found him guilty.
Read the full summary
Indictment fur a Misdemeanor tried: at Spring Term, 1878, of Henderson Superior Count,, before Cloud, J. This aetion was commenced before a Justice of the peace,, in which the defendant vías charged with entering upon the-land of the prosecutor, J. H. Townsend, in violation of Bat. Rev., eh. 32, § 116. Judgment was rendered against him for a small sum and costs, from which he appealed to the-superior court where the case was submitted to a jury who found him guilty. Defendant then moved for a new trial which was refused by the court, and judgment' was pronounced,, from, which he appealed.
1Opinion of the CourtAshe, J.
There is no bill of exceptions or statement in nature thereof accompanying the record, and it is tbe rule of this court in all state cases when there are such omissions, to affirm the judgment below, unless there are errors in the record. State v. Orrell, Busb., 217.
Upon an examination of this record it appears that the magistrate had no jurisdiction of the case. By the constitution of 1868, Art. IY, § 33, jurisdiction of all criminal matters was given to the justices of the peace, when the punishment did not exceed a fine of fifty dollars or imprisonment for one month. There was no such…
2Cases cited1 opinion
- State v. . UpchurchSupreme Court of North Carolina · 1875
3Cited by5 opinions
- State v. . CrookSupreme Court of North Carolina · 1884
- State v. WilkesSupreme Court of North Carolina · 1951
- State v. . FoxSupreme Court of North Carolina · 1879
- State ex rel. Abrahamson v. BatesSupreme Court of Minnesota · 1909
- State v. . JonesSupreme Court of North Carolina · 1880