In the Matter of Stokley

In brief of defendant filed presently in this Court it is stated that the State contends that when a criminal action is brought from an inferior court to the Superior Court on certiorari, the Superior Court can act only as a court of review, and must act on the facts as they appear of record. This is not debatable. S. v. King, 222 N.C. 137, 22 S.E. 2d 241.

Certiorari, as a substitute for an appeal, must be applied for in apt time, S. v. Lawrence, 81 N.C. 522; Taylor v. Johnson, 171 N.C. 84, 87 S.E. 981,—ordinarily at the next term of the supervising court. Surely eleven years, from 8 July,…