Supreme Court of North Carolina, 1907

State v. . Jones

Supreme Court of North Carolina · Decided November 6, 1907 · PER CURIAM:

59 S.E. 117; 145 N.C. 460; 1907 N.C. LEXIS 320 (South Eastern Reporter)

Cases that cite this one

11 later published cases cite this decision.

State v. Archie Prentiss Underwood (N.C. 1956)
State v. Thomas (N.C. 1952)
State v. Thomas (N.C. 1952)
State v. . Jones (N.C. 1921)
State v. . Dunlap (N.C. 1912)
State v. . Freeman (N.C. 1916)
State v. Freeman (N.C. 1916)
State v. . Tate (N.C. 1915)
State v. Hyman (N.C. 1913)
State v. . Brown (N.C. 1912)
State v. . Collins (N.C. 1909)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam:

By chapter 573, Laws of 1907, the Recorder’s Court was created at Winston for the trial of petty misdemeanors, but with right of appeal to the Superior Court. By section 4 of said act, larceny of goods less than $10 was made a petty misdemeanor. The defendant, convicted in said court on a charge of petty misdemeanor, in stealing ship-stuffs of the value of $3, appealed to the Superior Court, and, being put on trial de novo, objected because no indictment against him had been returned by a grand jury. The Judge overruled the exception; the defendant excepted and, there being a verdict of guilty, appealed.

There is no error. The same point has been fully discussed and settled in State v. Lytle, 138 N. C., 738. In like manner, when .a case is tried in the Superior Court on appeal from a justice of the peace, no indictment is required. State v. Quick, 72 N. C., 243; State v. Thornton, 136 N. C., 616.

No Error.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.