State v. Jones

• Decision Date: 06 November 1907
• Citation: 59 S.E. 117,145 N.C. 460
• Parties: STATE. v. JONES.
• Court: North Carolina Supreme Court

59 S.E. 117

145 N.C. 460

STATE.

v.JONES.

Supreme Court of North Carolina.

Nov. 6, 1907.

1. Indictment — Misdemeanors — Necessity of Indictment.

Pub. Laws 1907, p. 857, c. 573, creates the recorder's court at Winston for the trial of petty misdemeanors, giving a right of appeal to the superior court. Section 5 of the act makes larceny of goods less than $10 a petty misdemeanor. The defendant, convicted in the recorder's court of stealing $3 worth of goods, appealed to the superior court, was tried de novo, found guilty, and appealed. Held, that no indictment was required to try the cause in the superior court.

2. Same.

When a case is tried in the superior court on appeal from a justice of the peace, no indictment is required.

Appeal from Superior Court, Forsyth County; Ferguson, Judge.

William Jones was convicted of a misdemeanor, and he appeals. Affirmed.

Asst. Atty. Gen. Clement, for the State.

PER CURIAM. By chapter 573, p. 857, Pub. Laws 1907, the recorder's court was created at Winston for the trial of petty mis demeanors, but with right of appeal to the superior court. By section 5 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 shipstuffs, 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, 51 S. E. 66. 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, 48 S. E. 602.

No error.