Legal Opinion

State v. . Polk

Supreme Court of North Carolina

Decided October 5, 1884PublishedCited by 3 opinions

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INDICTMENT for an assault tried at Spring Term, 1884, of Warren Superior Court, before Avery, J. The defendant was indicted in the inferior court of Warren county for a simple assault and battery, committed within one mile of the court house in Warrenton, where and while that court was sitting. He demurred to the indictment, alleging as grounds of demurrer that the court had no jurisdiction of the offence charged. The court overruled the demurrer, but gave no other judgment, and the defendant appealed to the superior court. The latter court affirmed the judgment of the inferior court, and the…

1Opinion of the CourtMerrimon, J.

The appeal from the judgment of the inferior court was improperly taken. An appeal in a case like this lies only from a final judgment. The judgment of that court overruling the demurrer was simply interlocutory, and did not in any way determine the action. The court ought to have required the defendant to plead to the indictment and proceed with the trial to verdict and judgment. If the verdict of the jury had been adverse to the defendant, he might then have moved in arrest of judgment, and thus have raised every objection to the indictment, including that to the jurisdiction, that the…

2Cases cited2 opinions

State v. . BaileySupreme Court of North Carolina · 1871
State v. . McDowellSupreme Court of North Carolina · 1881

3Cited by3 opinions

Bazemore v. . BridgersSupreme Court of North Carolina · 1890
State v. . RooksSupreme Court of North Carolina · 1934
State v. . CoxSupreme Court of North Carolina · 1939