State v. Cooke

“No person shall be convicted of any crime but by the unanimous verdict of a jury of good and lawful persons in open court. The Legislature may, however, provide other means of trial, for petty misdemeanors, with right of appeal.” Article 1, Section 13, North Carolina Constitution.

Neither appellant nor appellee controverts the fact that right of jury trial is granted by Article I, Section 13 of the North Carolina Constitution! Nor is it controverted that the defendant filed a notice of appeal within the time allowed by. statutes controlling the Recorder’s Court of Bertie County.

The question…