Legal Opinion

State v. . Preston

Supreme Court of North Carolina

Decided September 5, 1889PublishedCited by 4 opinions

Appeal— Transcript— Certiorari. This was a criminal action, commenced in the Court of a Justice of the Peace and tried before Boykin, J., at Spring Term, 1889, of Washington Superior Court. The case is stated in. the opinion.

1Opinion of the Court

Merrimon, J.:

At the present -term the Attorney General moved to dismiss this appeal, upon the ground that the appellant failed to file, in this Court, a proper transcript of the record of the case in the Superior Court.

The loose, disorderly and confused papers on file, intended, it seems, to constitute such a transcript, cannot be so treated. They purport to be simply a State warrant, issued by a Justice of the Peace against the appellant. It does not appear that he was ever arrested by virtue of it, or at all, or that he was ever tried for the offence charged in it, or that he appealed from…

2Cases cited4 opinions

  1. State v. . ButtsSupreme Court of North Carolina · 1884
  2. Rowland Bros. v. R. J. Mitchell & SonSupreme Court of North Carolina · 1884
  3. State v. . McDowellSupreme Court of North Carolina · 1885
  4. Broadfoot v. . McKeithanSupreme Court of North Carolina · 1885

3Cited by4 opinions

  1. State v. . StaffordSupreme Court of North Carolina · 1932
  2. State v. . FreemanSupreme Court of North Carolina · 1894
  3. Allen v. . HammondSupreme Court of North Carolina · 1898
  4. Russell v. . HillSupreme Court of North Carolina · 1898

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