State v. . Heidelburg
Supreme Court of North Carolina
INDICTMENT for an affray, tried at Fall Term, 1873, of the Superior Court of Gbeene county, before Clarhe, J. The parties had been tried for the same offense before a Justice of the Peace, and fined. To the indictment found in the Superior Court, they pleaded “ former conviction.” His Honor sustained the plea, and ga.ve judgment, dismissing the charge; from which judgment Solicitor Sherrard appealed.
1Opinion of the CourtRodMAN, J.
The defence of a former conviction cannot be sustained. The act of 1868-69, chap. 178, sub. chap. 4, by which Justices of the Peace were given jurisdiction finally to try certain petty assaults under certain circumstances was indirectly but effectually repealed by the act of 1870-71, chap. 43, sec. 2, which says, that in all eases of assault the punishment may be by fine, or imprisonment, or both, at the discretion of the Court.
The Constitution, Art. IY., sec. 33, gives Justices jurisdiction of criminal matters arising in their counties when the punishment ecmnot exceed a fine of fifty…
2Cited by5 opinions
- State v. . FespermanSupreme Court of North Carolina · 1891
- State v. McAdenSupreme Court of North Carolina · 1913
- S. v. . McAdenSupreme Court of North Carolina · 1913
- State v. . WattsSupreme Court of North Carolina · 1881
- State v. . CraigSupreme Court of North Carolina · 1880