In re Leggett
In re Leggett
Opinion of the Court
By his first assignment of error, respondent contends that the court had no jurisdiction over him in that the record fails to show that he and one of his parents were properly served with the juvenile summons and petition, as required by G.S. 7A-565. It is true that the return of the summons states only that service was effected March 30, 1983 and does not state who was served. But this does not necessarily mean, as respondent argues, that the court had no jurisdiction. It is the service of summons, rather than the return of the officer, that confers jurisdiction. State v. Moore, 230 N.C. 648, 55 S.E. 2d 177 (1949). The statement on the return that service was accomplished implies that it was done in the manner required by law. Strayhorn v. Blalock, 92 N.C. 292 (1885). The implication that service was properly accomplished on
Respondent also contends that the judge committed error in asking questions of witnesses while sitting as the trier of fact, and in support thereof cites In re Thomas, 45 N.C. App. 525, 263 S.E. 2d 355 (1980). But, in our judgment, Thomas has no application to this case. In Thomas, also a delinquency proceeding, the trial judge actively assumed the role of prosecuting attorney because the solicitor was absent; whereas, here, the State’s counsel prosecuted the case and Judge Hardison asked only a few questions to clarify testimony already given. Questions to witnesses by the trial judge are permissible if within proper bounds. State v. Currie, 293 N.C. 523, 238 S.E. 2d 477 (1977). In our opinion the questions asked by the judge were within the proper bounds.
The respondent’s other assignments of error require no discussion. Our study of the record leaves us with the impression that the evidence supports his conviction, his trial was without prejudicial error, and the adjudication made must be affirmed.
Reference
- Full Case Name
- IN THE MATTER OF VIRGIL KEMP LEGGETT, JR., D.O.B. 10/29/68
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Infants 13 — juvenile delinquency proceeding — sufficiency of service of process Although the return of summons in a juvenile delinquency proceeding stated only that service was effected on a particular date but did not state that the juvenile and one of his parents were served as required by G.S. 7A-565, the record was sufficient to support the conclusion that respondent was properly served since the statement on the return that service was accomplished implies that it was done in the manner required by law, and such implication was supported by the fact that respondent, both of his parents and his counsel were present at the hearing, and by the fact that the question of service was not raised at the hearing.