State v. Broome

Upon defendant’s appeal from the county court of Sampson County to the Superior Court, he, by virtue of the provisions of G.S. 15-177.1, is entitled to a trial de novo by a jury, without prejudice from the former proceedings of the court below, and regardless of his plea of “guilty to driving under influence (3rd offense),” and the judgment pronounced thereon. S. v. Meadows, 234 N.C. 657, 68 S.E. 2d 406.

In the Superior Court, defendant, before he entered a plea of not guilty, made a motion “that the charges against him be dismissed for that it appears from- the record that his constitutional…