State v. Hill

• Decision Date: 15 December 1943
• Docket Number: 655.
• Citation: 28 S.E.2d 99,223 N.C. 753
• Parties: STATE v. HILL.
• Court: North Carolina Supreme Court

28 S.E.2d 99

223 N.C. 753

STATE v. HILL.

No. 655.

Supreme Court of North Carolina

December 15, 1943

Harry M. McMullan, Atty. Gen., and George B. Patton and Hughes J. Rhodes, Asst. Attys. Gen., for the State.

C. N. Cox, of High Point, for defendant appellant.

WINBORNE, Justice.

The motion of the Attorney General to dismiss the appeal for lack of jurisdiction in the Superior Court is denied for that it appears in the agreed case on appeal that the action originated in the Municipal Court of High Point and on appeal was tried in Superior Court.

On the other hand, the question involved and presented on this appeal, as stated in appellant's brief, is whether the court erred in permitting the Solicitor to amend the warrant as indicated in the foregoing statement of facts. If it be conceded that the court did err in this respect, the error is harmless because the jury has returned a general verdict of guilty as charged, and there are two counts in the warrant other than that charging unlawful possession of intoxicating liquors for purpose of sale. Moreover, as the charge of the court is not contained in the case on appeal, we must assume that the case was submitted to the jury on the charges laid in the warrant.

No error.