State v. . Lyon
Supreme Court of North Carolina
Peuoe Warrant — Appeal. Proceedings on a Peace Warrant, heard before MaeRae, Judge, at June Special Term, 1885, of the Superior Court of Greene county. On the first day of September, 1884, the appellants applied for, and obtained from a justice of the peace in the county of Greene, a peace warrant against one Zeno Lyon.
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Peuoe Warrant — Appeal. Proceedings on a Peace Warrant, heard before MaeRae, Judge, at June Special Term, 1885, of the Superior Court of Greene county. On the first day of September, 1884, the appellants applied for, and obtained from a justice of the peace in the county of Greene, a peace warrant against one Zeno Lyon. Lyon was arrested and taken before the justice of the peace, who, on the 24th day of the same month, made his order requiring him, with sureties, to enter into a recognizance, as allowed by law in .such cases, in the sum of $200, conditioned that he should keep the peace…
1Opinion of the Court
MerrimoN J.,
(after stating the facts). The counsel for the present defendants insisted on the argument before us, that no appeal lay in favor of the defendant in the peace warrant, from the order of the justice of the peace requiring him to enter into a recognizance to the State, conditioned that he would keep the peace and be of good behaviour, &c. We are of that opinion, and think that the Superior Court should have dismissed the supposed appeal.
A “peace warrant” is denominated in The Code a criminal action, but it is no part of its purpose to charge a party with a criminal offence, try him…
2Cases cited1 opinion
- State v. . Locust and PearsonSupreme Court of North Carolina · 1869
3Cited by13 opinions
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- State v. . AndrewsSupreme Court of North Carolina · 1914
- State v. . RooksSupreme Court of North Carolina · 1934
- State Ex Rel. Yost v. ScouszzioWest Virginia Supreme Court · 1943
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