Legal Opinion

State v. . Roberts

Supreme Court of North Carolina

Decided September 5, 1887PublishedCited by 2 opinions

CRIMINAL action, tried before Merrimon, Judge, at September Term, 1887, of Wayne Superior Court. The defendant was indicted for haying failed, as a merchant, to deliver a “sworn statement” of his purchases of goods made, &c., to the Register of Deeds of the county of Wayne, as required by the statute, (Acts 1885, ch. 175, §25,) and he pleaded that theretofore he had been duly convicted of the same offence before a justice of the peace of the same county.

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CRIMINAL action, tried before Merrimon, Judge, at September Term, 1887, of Wayne Superior Court. The defendant was indicted for haying failed, as a merchant, to deliver a “sworn statement” of his purchases of goods made, &c., to the Register of Deeds of the county of Wayne, as required by the statute, (Acts 1885, ch. 175, §25,) and he pleaded that theretofore he had been duly convicted of the same offence before a justice of the peace of the same county. Upon the trial of this plea the jury rendered a special verdict, from which it appeared that the defendant had been held to answer…

1Opinion of the Court

MekbiMON, J.,

(after stating the case). It seems that a justice of the peace failed to take official cognizance of the offence charged in the indictment within six months next after the same was committed. 'After the lapse of that time, the Court of a justice of the peace, the Superior, Criminal, and Inferior Courts have concurrent jurisdiction of such of-fences, although prior thereto only the Court of a justice of the peace had exclusive, original jurisdiction. The Code, §892; State v. Moore, 82 N. C., 659; State v. Watts, 85 N. C., 117; State v. Bowers, 94 N. C., 910.

It is settled, that…

2Cases cited4 opinions

  1. State v. . MooreSupreme Court of North Carolina · 1880
  2. State v. . WillifordSupreme Court of North Carolina · 1884
  3. State v. BowersSupreme Court of North Carolina · 1886
  4. State Ex Rel. Commissioners of Wake v. MagninSupreme Court of North Carolina · 1881

3Cited by2 opinions

  1. State v. ParkerSupreme Court of North Carolina · 1951
  2. State v. MooreSupreme Court of North Carolina · 1904

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