State v. . Carlton
Supreme Court of North Carolina
This is an appeal from an order of Womack, J., at June Term, 1890, of Durham Superior Court, taxing the prosecutor -with costs. The defendant was tried before a Justice of the Peace for wilful trespass on land after being forbidden and without license to enter, and was adjudged guilty. On appeal to the Superior Court, the defendant was acquitted.
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This is an appeal from an order of Womack, J., at June Term, 1890, of Durham Superior Court, taxing the prosecutor -with costs. The defendant was tried before a Justice of the Peace for wilful trespass on land after being forbidden and without license to enter, and was adjudged guilty. On appeal to the Superior Court, the defendant was acquitted. The case on appeal, as made out by the appellant, and to which no exception or counter-case was served, states that the Judge found the prosecution to be neither frivolous nor malicious, but adjudged, without any further finding of fact, that, as a…
1Opinion of the Court
Clark, J.:
Only the appellant’s statement of case on appeal is sent up in the transcript, but as it appears that service thereof was accepted by the Solicitor within the time allowed, and no exceptions thereto nor counter-case was served, it stands as-the case on appeal. Russell v. Davis, 99 N. C., 115; Boothe v. Ratcliffe, ante.
There is, however, a contradiction -between the record proper and the case on appeal, and the record must govern. Farmer v. Willard, 75 N. C., 401; State v. Keeter, 80 N. C., 472; Adrian v. Shaw, 84 N. C., 832; McCanless v. Flinchum, 98 N. C., 388. From the record, it…
2Cases cited6 opinions
- State v. . KeeterSupreme Court of North Carolina · 1879
- Adrian v. . ShawSupreme Court of North Carolina · 1881
- Farmer v. . WillardSupreme Court of North Carolina · 1876
- Russell v. . DavisSupreme Court of North Carolina · 1888
- State v. . RobertsSupreme Court of North Carolina · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. . DeeSupreme Court of North Carolina · 1938
- Moore v. . MooreSupreme Court of North Carolina · 1923
- State v. . PriceSupreme Court of North Carolina · 1892
- State v. PalmoreSupreme Court of North Carolina · 1925
- Southerland v. . BrownSupreme Court of North Carolina · 1918
2 more not listed; retrieve them via the Exa API.