State v. Beasley
| Decision Date | 26 June 1935 |
| Docket Number | No. 220.,220. |
| Citation | 180 S.E. 598,208 N. C. 318 |
| Parties | STATE. v. BEASLEY et al. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Johnston County; Daniels, Judge.
Clinton Beasley, Sarah Beasley, alias Sarah Krane, Ila Beasley, Arthur I. Krane, Alex Beasley, Nellie Beasley, Pearl Beasley, and Margaret Lee Keen were convicted of kidnapping on three indictments charging different defendants after joint trial with kidnapping three persons,
and they appeal, Almon Keene being acquitted.
Order in accordance with opinion.
Simms & Simms, of Raleigh, for appellant Pearl Beasley.
Jas. R. Pool and E. J. Wellons, both of Smithfield, and L. L. Levinson, of Benson, for all other appellants.
A. A. F. Seawell, Atty. Gen., and John W. Aiken, Asst. Atty. Gen., for the State.
Nine defendants were jointly tried upon three bills of indictment charging that they "did unlawfully and wilfully and feloniously forcibly, fraudulently kidnap and carry away" Camelia Price, Ogolia Barber, and Josephine Smith. C. S. § 4221. The defendants Sarah Beasley, alias Sarah Krane, Arthur I. Krane, Clinton Beasley, and Ila Beasley were charged in one bill with kidnapping Camelia Price in Johnston county, on May 12, 1934; Alex Beasley, Sarah Beasley, alias Sarah Krane, Nellie Beasley, Pearl Beasley, Margaret Lee Keene and Almon Keene were charged in one bill with kidnapping Ogolia Barber in Johnston county, on August 12, 1934; and the said last six named defendants were charged in another bill with kidnapping Josephine Smith in said county on said last-named date. A general verdict of guilty was returned as to all of the defendants, except Almon Keene who was acquitted. From judgments of imprisonment pronounced upon the verdict, the defendants (except Almon Keene) appealed to the Supreme Court, assigning errors.
The bill of indictment charging the kidnapping of Camelia Price was found by the grand jury of Wayne county, and alleged that the kidnapping was done in Johnston county. The judge holding the courts of Wayne county transferred the case to the superior court of Johnston county, notwithstanding the defendants named in the bill lodged no motion and made no appearance in Wayne superior court.
Upon the consolidated cases coming on for trial in Johnston superior court, the defendants named in the bill found in Wayne county, charging the kidnapping of Camelia Price, in apt time, challenged the jurisdiction of the superior court of Johnston county to try them by lodginga motion to dismiss the action in so far as it related to the charge in said bill, which motion was disallowed.
When in the superior court a defendant is tried without a valid indictment and moves to dismiss the action for want of jurisdiction, the motion should be allowed. N. C. Const, art. 1, § 12; State v. Rawls, 203 N. C. 436, 166 S. E. 332. We are therefore confronted with the simple question as to whether the bill found in Wayne county and transferred to Johnston county conferred jurisdiction upon the superior court of Johnston county to try the defendants named in the bill for the kidnapping of Camelia Price in Johnston county. If it did confer such jurisdiction, then the ...
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State v. Morgan, 651.
...charged. State v. Johnson, 188 N.C. 591, 125 S.E. 183. A valid warrant or indictment is an essential of jurisdiction. State v. Beasley, 208 N.C. 318, 180 S.E. 598; State v. Rawls, 203 N.C. 436, 166 S.E. 332; State v. Banks, 206 N.C. 479, 174 S.E. 306. Hence, where no crime is charged in the......
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State v. Fox, 577
...255 N.C. 732, 122 S.E.2d 711; State v. Scott, 237 N.C. 432, 75 S.E.2d 154; State v. Speller, 229 N.C. 67, 47 S.E.2d 537; State v. Beasley, 208 N.C. 318, 180 S.E. 598; 22 C.J.S. Criminal Law § 246; Wharton's Criminal Law and Procedure, Anderson, 1957, Vol. I, § 139; 15 Am.Jur., Criminal Law, § ...
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State v. Wilkes
...the presiding judge entered the proper judgment irrespective of the validity of the reason assigned by him for so doing. State v. Beasley, 208 N.C. 318, 180 S.E. 598; State v. Rawls, 203 N.C. 436, 166 S.E. 332; State v. Harrison, supra; State v. Styles, 76 N.C. 156. In consequence, the judg......
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State v. Morgan
...charged. State v. Johnson, 188 N.C. 591, 125 S.E. 183. A valid warrant or indictment is an essential of jurisdiction. State v. Beasley, 208 N.C. 318, 180 S.E. 598; State v. Rawls, 203 N.C. 436, 166 S.E. 332; State v. Banks, 206 N.C. 479, 174 S.E. 306. Hence, where no crime is charged in the......