State v. . Jones
Supreme Court of North Carolina
PROCEEDINGS by sci. fa. against bail, heard by Merrimon, J., at the Spring Term, 1888, of HENDERSON Superior Court. The State appealed.
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PROCEEDINGS by sci. fa. against bail, heard by Merrimon, J., at the Spring Term, 1888, of HENDERSON Superior Court. The State appealed. It appears that one Joe Jones was arrested on the 18th day of April, 1887, in the County of Henderson, under a State warrant, charging him with the crime of larceny, and taken before the Justice of the Peace, who issued the warrant, to be examined in respect to that charge against him, and committed, held to báil or discharged, according to law. He wras not prepared to complete the examination on that day, and for cause assigned, requested that the further…
1Opinion of the Court
Merrimon, J.,
(after stating the facts). If the Justice of the Peace had authority to take the bond in question, it was, in legal effect, a recognizance, although not so in form. State v. Edney, 2 Winst., 71; State v. Houston, 74 N. C., 174; State v. Houston, Ib., 549. But we are of opinion that he had no such authority.
The Constitution (Art. IV, § 27), recognizes and establishes the office of Justice of the Peace, and prescribes the jurisdiction of that officer in certain respects, but it expressly leaves it to the General Assembly to prescribe regulations to be observed.in the exercise of…
2Cases cited1 opinion
- State v. . HoustonSupreme Court of North Carolina · 1876
3Cited by7 opinions
- Hopkins v. . BarnhardtSupreme Court of North Carolina · 1943
- Bowman v. Comfort Chair CompanySupreme Court of North Carolina · 1967
- Orscheln v. ScottCourt of Appeals of Kansas · 1901
- State v. . WynneSupreme Court of North Carolina · 1895
- State v. BowserSupreme Court of North Carolina · 1950
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