State v. . Cherry
Supreme Court of North Carolina
This was an Istdictmeij't for stealing corn standing and remaining ungathered in a certain field, tried at the Pall Term, 1874, of Beetie Superior Court, before his Honor, Hilliard, J. When the case was called in the Court below, the defendant moved to dismiss the prosecution, for the reason that the Court did not have jurisdiction ; and his Honor being of opinion with the defendant, allowed the motion. Prom this judgment, Martin, Solicitor for the State, appealed.
1Opinion of the CourtRodman, J.
The defendant was indicted in the Superior Court for stealing corn standing in the field, of the value of five ceffta. lie moved to quash the indictment because a Justice of the Peace has exclusive jurisdiction of the ofience, and the Superior Court had none.
The Court allowed the motion and quashed the indictment, and the State appealed. The offence is created and made larceny by the Act of 1868-69, Chap. 251, found in Battle’s Re-visal, Chap. 82, Sec. 20. By an Act of 1873-74, Chap. 176, p. 259, the Legislature amended several sections of Chap. 32, above cited, by fixing the maximum…
2Cited by5 opinions
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