State v. Lucas.
Supreme Court of North Carolina
INDICTMENT against J. H. Lucas, beard by Judge O. N. Allen and a jury, at tbe February Term, 1905, of Superior Court of Sampson County. Defendant was indicted for assault witb serious damage and pleaded former conviction and not guilty. Tbe evi-deuce upon .the former plea was that a warrant was issued by a justice of the peace charging defendant with an assault and battery on D. C. Bullard, resulting in serious injury.
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INDICTMENT against J. H. Lucas, beard by Judge O. N. Allen and a jury, at tbe February Term, 1905, of Superior Court of Sampson County. Defendant was indicted for assault witb serious damage and pleaded former conviction and not guilty. Tbe evi-deuce upon .the former plea was that a warrant was issued by a justice of the peace charging defendant with an assault and battery on D. C. Bullard, resulting in serious injury. At the trial, the justice found that there was probable cause and required defendant to give bond for his appearance at the next term of the Superior Court. The bond was duly…
1Opinion of the Court
Walker, J.,
after stating the case: The motion to discharge the defendant should not have been sustained. If the ruling of the court was wrong, on the plea of former oonvietion, the defendant was not entitled to a discharge.but to a new trial. But we will treat the motion as if it had been for a new trial, as perhaps it was so intended.
The ruling of the court that the judgment of the justice was void, as he had no jurisdiction of the case after he had bound the defendant to court and taken his recognizance, was manifestly correct. The statute requires that when the justice has no final…
2Cases cited11 opinions
- State v. . RaySupreme Court of North Carolina · 1883
- State v. Fritz.Supreme Court of North Carolina · 1903
- State v. . AlbertsonSupreme Court of North Carolina · 1893
- State v. RussellTexas Supreme Court · 1859
- State v. RandolphSupreme Court of Missouri · 1858
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