State v. Tyner

HEDRICK, Judge.

The sole question presented by this appeal is whether the superior court has original jurisdiction to try the offense with which defendant was charged. G.S. §§ 7A-271 and 7A-272 provide that the exclusive and original jurisdiction for the trial of all criminal actions below the grade of felony, with several exceptions not here in issue, shall be in the district court, while the trial of all felony actions shall be within the exclusive and original j urisdiction of the superior court.

Citing State v. Spivey, 213 N.C. 45, 195 S.E. 1 (1938), the State asserts that an attempt to…