State v. Baskerville
Supreme Court of North Carolina
INDICTMENT against Sarab Baskerville, beard on appeal from a justice of tbe peace, by Judge M. H. Justice and a jury, at tbe September Term, 1905, of tbe" Superior Court of WaKE. Defendant, on warrant duly issued, was tried, convicted and sentenced in a court of a justice of tbe peace of Raleigh Township, for violating a valid ordinance of tbe city, and thereupon appealed to tbe Superior Court, contending that tbe justice of tbe peace bad no jurisdiction to try the case.
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INDICTMENT against Sarab Baskerville, beard on appeal from a justice of tbe peace, by Judge M. H. Justice and a jury, at tbe September Term, 1905, of tbe" Superior Court of WaKE. Defendant, on warrant duly issued, was tried, convicted and sentenced in a court of a justice of tbe peace of Raleigh Township, for violating a valid ordinance of tbe city, and thereupon appealed to tbe Superior Court, contending that tbe justice of tbe peace bad no jurisdiction to try the case. Tbe cause coming on for bearing in tbe Superior Court, defendant moved to dismiss for want of jurisdiction. Motion…
1Opinion of the Court
Hoke, J.,
after stating tbe case: In chapter 36, section 13, Private Laws 1905, tbe Legislature established a police court for tbe city of Raleigh and defined its jurisdiction as follows:
(A) Exclusive original jurisdiction over all offenses arising from tbe violation of the provisions of this act, or of all violations of ordinances, by-laws, rules and regulations of tbe board of aldermen made in pursuance of this act, *813within the corporate limits of the city of Raleigh and within Raleigh Township.
(B) Jurisdiction, power and authority for the trial and determination of all misdemeanors created…
2Cases cited10 opinions
- Rhyne v. . LipscombeSupreme Court of North Carolina · 1898
- Cooper v. RailroadSupreme Court of North Carolina · 1905
- Manly v. StateCourt of Appeals of Maryland · 1854
- Sutton v. . PhillipsSupreme Court of North Carolina · 1895
- Town of Washington v. . HammondSupreme Court of North Carolina · 1877
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3Cited by9 opinions
- Hinton v. . State TreasurerSupreme Court of North Carolina · 1927
- State v. Shine.Supreme Court of North Carolina · 1908
- State v. NormanSupreme Court of North Carolina · 1953
- In Re WatsonSupreme Court of North Carolina · 1911
- Waters v. McBeeSupreme Court of North Carolina · 1956
4 more not listed; retrieve them via the Exa API.