Legal Opinion

State v. Harrell

Supreme Court of North Carolina

Decided October 13, 1971No. 4PublishedCited by 21 opinions

1Opinion of the Court

MOORE, Justice.

In the judgment entered in the District Court, Judge Ward states, “The defendant was found not guilty and discharged.” (Emphasis added.) A violation of G.S. 44-12 is a misdemeanor and the District Court has exclusive jurisdiction over all misdemeanors except as specified in G.S. 7A-271. None of the exceptions apply in this case. North Carolina Constitution, Article IV § 12(4) ; G.S. 7A-272; State v. Wall, 271 N.C. 675, 157 S.E. 2d 363 (1967). Judge Ward had jurisdiction to enter final judgment.

Our first question is whether the judgment entered by Judge Ward is one from which an…

2Cases cited5 opinions

  1. State v. DuncanSupreme Court of North Carolina · 1967
  2. State v. JonesSupreme Court of North Carolina · 1955
  3. State v. . DeeSupreme Court of North Carolina · 1938
  4. State v. WallSupreme Court of North Carolina · 1967
  5. State v. VaughanSupreme Court of North Carolina · 1966

3Cited by21 opinions

  1. State v. ElkersonSupreme Court of North Carolina · 1982
  2. State v. FowlerCourt of Appeals of North Carolina · 2009
  3. United States v. Tamara Lenise MartinCourt of Appeals for the Fourth Circuit · 2004
  4. State v. DobsonCourt of Appeals of North Carolina · 1981
  5. State v. MurrellCourt of Appeals of North Carolina · 1981

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