State v. . Koonce
Supreme Court of North Carolina
CRIMINAL ACTION, heard upon appeal from a Justice of the Peace at Fall Term, 1890, of Onslow Superior Court, Arm-field, J., presiding. The defendant was charged criminally before the Mayor of the town of Richlands, in the county of Onslow, with the violation of an ordinance of that town, and convicted. Pie appealed to the Superior Court.
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CRIMINAL ACTION, heard upon appeal from a Justice of the Peace at Fall Term, 1890, of Onslow Superior Court, Arm-field, J., presiding. The defendant was charged criminally before the Mayor of the town of Richlands, in the county of Onslow, with the violation of an ordinance of that town, and convicted. Pie appealed to the Superior Court. In that Court, upon motion of the Solicitor for the State, the State warrant was allowed to be amended; “ the appeal was withdrawn,” and “ by agreement” the case was remanded to the Mayor for trial. After-wards, upon application of defendant, the Mayor…
1Opinion of the Court
MerriMON, C. J.:
The proceedings and conduct of this case have been irregular and confused. The Superior Court should have tried the defendant upon the first appeal from the judgment of the Mayor, but he cannot complain that this was not done. The offence charged is but a petty misdemeanor, and the appeal was “ withdrawn,” it seems, at his instance, and “by agreement” the case was remanded to the Mayor to be disposed of by him. Afterwards the defendant had the case transferred to a .Justice of the Peace, and he was tried before that magistrate. It must be taken that he consented to such course…
2Cases cited2 opinions
- State v. . PowellSupreme Court of North Carolina · 1882
- State v. . QuickSupreme Court of North Carolina · 1875
3Cited by14 opinions
- State v. . GoffSupreme Court of North Carolina · 1934
- State v. . WarrenSupreme Court of North Carolina · 1893
- State v. . PulliamSupreme Court of North Carolina · 1922
- In Re SteeleSupreme Court of North Carolina · 1942
- State v. . CrandallSupreme Court of North Carolina · 1945
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