McNeeley v. . Anderson

It is not improbable that the judgment of the trial court was influenced, if not governed, by the decision in S. v. Baldwin, 205 N. C., 174. The Balchuin case was heard and determined in the Superior Court by the learned judge from whom the appeal was taken in the case at bar. There the two defendants were tried before a justice of the peace on separate warrants charging an assault, and were convicted. They appealed to the Superior Court and at the hearing the cases were consolidated. The solicitor moved to dismiss the appeal and Judge McElroy being of opinion that the motion should be…