State v. . Abernethy

This prosecution was commenced in the municipal court of the city of Hickory and tried de novo on appeal to the Superior Court of Catawba County. The defendant was adjudged guilty in the municipal court and ordered to pay a fine of $5.00. On appeal to the Superior Court he was again convicted and sentenced to 30 days in jail, but capias was ordered not to issue upon certain designated conditions, not material to the appeal. From the latter court, the case is brought to us for review.

Errors are assigned in two respects: 1. That the State failed to offer any sufficient proof of the existence of…