State v. Evans, 4
| Citation | 262 N.C. 492,137 S.E.2d 811 |
| Decision Date | 23 September 1964 |
| Docket Number | No. 4,4 |
| Court | United States State Supreme Court of North Carolina |
| Parties | STATE, v. Ruth Bernice EVANS. |
Atty. Gen. T. W. Bruton and Deputy Atty. Gen. Harry W. McGalliard for the State.
Thomas E. White, Marion, for defendant appellant.
A defendant may be tried in the Superior Court upon a warrant only when there has been a trial and appeal from a conviction by an inferior court having jurisdiction. G.S. § 15-137; § 15-140; State v. Norman, 237 N.C. 205, 74 S.E.2d 602. As this Court has repeatedly held, where there has been no such conviction, trial in the Superior Court upon the original warrant is a nullity. State v. Peede, 256 N.C. 460, 124 S.E.2d 134; State v. Johnson, 251 N.C. 339, 111 S.E.2d 297; State v. Thomas, 236 N.C. 454, 73 S.E.2d 283. The judgment of the Superior Court is vacated and the case remanded for further proceedings as allowed by law.
Judgment arrested.
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State v. Petersilie
...court convicts a defendant of a misdemeanor for which there is no conviction in district court; judgment arrested.); State v. Evans, 262 N.C. 492, 137 S.E.2d 811 (1964) (Record on appeal shows lack of jurisdiction when a defendant who is never tried in district court is tried in superior co......
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Lowther's Estate, In re, 27
...N.C. 49, 34 S.E. 199, or upon a warrant issued by an inferior court having jurisdiction of the criminal offense charged, State v. Evans, 262 N.C. 492, 137 S.E.2d 811, its jurisdiction is also derivative. Nevertheless, it hears the matter de novo. To say that the Superior Court has jurisdict......
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State v. Felmet
...any order entered without authority. State v. Hardy, 298 N.C. 191, 257 S.E.2d 426 (1979); State v. Guffey, supra; State v. Evans, 262 N.C. 492, 137 S.E.2d 811 (1964); State v. Johnson, 251 N.C. 339, 111 S.E.2d 297 (1959). When the record is silent and the appellate court is unable to determ......
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State v. Guffey
...been a trial and appeal from a conviction by an inferior court having jurisdiction. G.S. § 15--137; G.S. § 15--140; State v. Evans, 262 N.C. 492, 137 S.E.2d 811 (1964). In State v. Hall, 240 N.C. 109, 81 S.E.2d 189 (1954), this Court said that Sections 12 and 13 (now Sections 22 and 23) of ......