Legal Opinion
State v. Fox
Court of Appeals of North Carolina
Decided December 7, 1977No. 7725SC378PublishedCited by 15 opinions
1Opinion of the Court
BROCK, Chief Judge.
Defendant argues that G.S. 7A-290 gives him the right to appeal to superior court for trial de novo in spite of his guilty plea in district court. In light of the decisions interpreting G.S. 7A-290 and former G.S. 15-177.1, we agree.
G.S. 15-177.1 was enacted in 1947 and read as follows:
“In all cases of appeal to the superior court in a criminal action from a justice of the peace or other inferior court, the defendant shall be entitled to a trial anew and de novo by a jury, without prejudice from the former proceedings of the court below, irrespective of the plea entered or…
2Cases cited10 opinions
- State v. SparrowSupreme Court of North Carolina · 1970
- United States v. Earl Lee WilliamsCourt of Appeals for the Eighth Circuit · 1976
- United States v. Eddie Lee AndersonCourt of Appeals for the Seventh Circuit · 1975
- State v. NeasSupreme Court of North Carolina · 1971
- State v. BroomeSupreme Court of North Carolina · 1967
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. BallNew Mexico Supreme Court · 1986
- United States v. Tamara Lenise MartinCourt of Appeals for the Fourth Circuit · 2004
- State v. RodriguezCourt of Appeals of North Carolina · 1993
- State v. SorsbyCourt of Criminal Appeals of Alabama · 2005
- Field v. Sheriff of Wake County, NCDistrict Court, E.D. North Carolina · 1986
10 more not listed; retrieve them via the Exa API.