State v. Caudill

WELLS, Judge.

Defendant first contends “[t]he superior court was without jurisdiction to try the defendant on a statement of charges filed in superior court for an April 11, 1981 § 49-2 bastardy violation where the case arose upon defendant’s appeal for a trial de novo from a district court conviction for a 23 July 1978 § 14-322 nonsupport violation.” We agree.

Violation of G.S. § 49-2 is a misdemeanor over which the district court had exclusive original jurisdiction. Until defendant was tried and convicted of this offense in district court and appealed to the superior court for a trial de novo…