State v. . Spurtin
Supreme Court of North Carolina
INDICTMENT for a Misdemeanor tried at September Term, 1878, of Alleghany Inferior Court. The defendants were convicted, and from the judgment pronounced on the verdict they appealed to the supreme court. The statement of the case sets forth the facts proved on the trial and the prayer of defendants for special instructions which were refused. Upon the hearing in this court, a motion was made on behalf of the state -that the appeal be dismissed.
1Opinion of the CourtDillakd, J.
The appeal must be dismissed on two grounds:—
1. No bond to secure the costs of the appeal accompanies the record; nor was there any order of the court allowing the defendants to appeal without the usual security. State v. Patrick, 72 N. C., 217 ; Bat. Rev., ch. 33, §§ 111, 112.
2. No appeal is given by law from the inferior courts to the supreme court. The supreme court under the constitution of 1868 had the jurisdiction to' review on appeal any decision of the courts below upon any matter of law or legal inference. Art. IV, § 10. And under the statutes defining and regulating the right of…
2Cases cited1 opinion
- State v. . LaneSupreme Court of North Carolina · 1878
3Cited by4 opinions
- State v. . DonaldsonSupreme Court of North Carolina · 1880
- State v. . KernsSupreme Court of North Carolina · 1884
- State v. . TaylorSupreme Court of North Carolina · 1881
- State v. DonaldsonSupreme Court of North Carolina · 1880