State v. Marshall

BRITT, Judge.

The record filed in this court fails to disclose how the superior court obtained jurisdiction of this case. The superior court has no jurisdiction to try an accused for a misdemeanor on the warrant of the district court unless he is first tried and convicted for such misdemeanor in the district court and appeals to the superior court from sentence pronounced against him by the district court. State v. Byrd, 4 N.C. App. 672, 167 S.E. 2d 522 (1969). The Court of Appeals will take notice ex mero motu of the failure of the record to show jurisdiction in the court entering the…