Legal Opinion

State v. Bennie Ray.

Supreme Court of North Carolina

Decided February 22, 1898PublishedCited by 4 opinions

IndictmeNT for keeping a bawdy house tried before Ewart, J., at July, 1897, Term of the Circuit Criminal Court for Buncombe County.

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IndictmeNT for keeping a bawdy house tried before Ewart, J., at July, 1897, Term of the Circuit Criminal Court for Buncombe County. The court was asked to charge the jury that the Criminal Circuit Court'had no jurisdiction of this case for the reason that the legislature, at its session of 1895, had given the jurisdiction of the offence charged in the indictment to the mayor of the city of Asheville, it appearing in the proof offered by the State that the offence, if any offence had been committed, was committed in the city of Asheville. This instruction was refused. There was verdict of…

1Opinion of the Court

Clark, J.:

Section 3 Chapter 75, Acts of 1895, (by which Act the Criminal Circuit Court of Buncombe, Madison,' Haywood and Henderson 'Counties was created) confers upon said court (1) exclusive original jurisdiction of all crimes, misdemeanors and offences committed within the Counties composing said districts, fully and to the same extent as the Superior Courts of the State, and (2) exclusive appellate jurisdiction of all offences tried and determined before a justice of the peace in said counties. In the case of Rhyne v. Lipscombe, (ante, 650,) we have held the first provision tobe within…

2Cases cited2 opinions

  1. State Ex Rel. Ewart v. JonesSupreme Court of North Carolina · 1895
  2. State v. . JonesSupreme Court of North Carolina · 1887

3Cited by4 opinions

  1. State Ex Rel. North Carolina Utilities Commission v. Old Fort Finishing PlantSupreme Court of North Carolina · 1965
  2. Mott v. Board of Commissioners of Forsyth CountySupreme Court of North Carolina · 1900
  3. State v. . HinsonSupreme Court of North Carolina · 1898
  4. Mott v. Board of Commissioners of Forsyth CountySupreme Court of North Carolina · 1900

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