State v. . Burnett
Supreme Court of North Carolina
INdictmeNt tried before Stacy, J., at November Term, 1916, of Wayne. The defendant was charged in the “county court of Wayne County” with the crime of keeping a bawdy house.
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INdictmeNt tried before Stacy, J., at November Term, 1916, of Wayne. The defendant was charged in the “county court of Wayne County” with the crime of keeping a bawdy house. The county court was created by Public-Local Laws 1913, ch. 697, and by section 4 is given “final original” jurisdiction of all misdemeanors committed in the county,” “to wit: of all crimes the j urisdiction of which is now or may hereafter be given to justices of the peace,” and, in addition thereto, of the offenses specially named, and among them that of keeping a bawdy house; and at the end of section 4 it is provided…
1Opinion of the Court
Walker, J.,
after stating the case: An appeal does not lie in this case, the judgment of the Superior Court being interlocutory and requiring the defendant to answer over to the indictment (respondeat ouster). It has been so held from the earliest period. S. v. Robinson, 8 N. C., 188; S. v. McDowell, 84 N. C., 799; S. v. Pollard, 83 N. C., 597; S. v. Bailey, 65 N. C., 426; S. v. Webb, 155 N. C., 426. But we will consider the question' raised by the exception as if it were properly before us, but merely for the purpose of deciding it as being important to the due administration of the law in…
2Cases cited6 opinions
- State v. . WebbSupreme Court of North Carolina · 1911
- State v. . BaileySupreme Court of North Carolina · 1871
- Tabor v. . WardSupreme Court of North Carolina · 1880
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- State v. . CollinsSupreme Court of North Carolina · 1909
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