State v. . White
Supreme Court of North Carolina
Jurisdiction — Town Ordinances — By whom executed. • INDICTMENT for misdemeanor tried at Spring Term, 1876, of Halifax Superior Court, before Watts, J. The defendant was charged with selling spirtuous liquors on Sunday, in the town of Scotland Neck, in violation of an ordinance of said town.-' On the trial in the Court below, the defendant moved to quash the bill of indictment for want of jurisdiction, which motion was allowed, and the State appealed.
1Opinion of the CourtBynum, J.
This case is governed by the State v. Threadgill, decided at this term of the Court. It is there held, that the Superior Court has no original jurisdiction to indict for the violation of town ordinances, but that the town only,, through its proper officers and machinery of government. must execute its own police laws.
The indictment here is based upon a misconstruction of the Act of 1871, cb. 195. That Act consists of but two sections. The first section gives to the chief officers of cities, and towns the jurisdiction and powers of Justices of the Peace, over crimes committed within their…
2Cited by3 opinions
- State v. BaskervilleSupreme Court of North Carolina · 1906
- State v. . BaskervilleSupreme Court of North Carolina · 1906
- State v. . WoodSupreme Court of North Carolina · 1886