State v. Pasley
| Decision Date | 04 November 1920 |
| Docket Number | 346. |
| Citation | 104 S.E. 533,180 N.C. 695 |
| Parties | STATE v. PASLEY. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Ashe County; J. Bis Ray, Judge.
Greeley Pasley was charged with unlawful trespass on land, and from judgment of conviction in a proceeding before a justice of the peace he appealed to the superior court. From judgment affirming the judgment of the justice as to the costs defendant appeals. Judgment set aside, and new trial ordered.
Chas B. Spicer, of Jefferson, for appellant.
Jas. S Manning, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.
The defendant was charged, in a criminal proceeding before a justice of the peace, with unlawful trespass upon land, that is, entering thereon, after having been forbidden to do so. Upon conviction, he appealed to the superior court, where the case seems to have taken a peculiar course. There was negotiation between the parties for a settlement of the controversy, but they could not agree as to the final terms; defendant refusing to pay the costs. The court affirmed the judgment of the justice as to the costs against the consent of defendant, and without allowing him a jury trial, and he thereupon appealed to this court.
When an appeal is taken in a criminal action, before a justice, of which he has jurisdiction, the trial in the upper court is de novo. State v. Koonce, 108 N.C. 752, 12 S.E. 1032.
The judgment in the superior court was no doubt entered by the judge in a laudable attempt to settle a small matter, which was really cumbering the docket and delaying the court. Section 11 of article 1 of the Constitution, so far as material, provides:
"In all criminal prosecutions, every man has the right * * * not to be compelled to * * * pay costs, jail fees, or necessary witness fees of the defense, unless found guilty."
See State v. Cannady, 78 N.C. 539, and State v. Hicks, 124 N.C. 829, 32 S.E. 957.
The general rule is that when the subject-matter of an action has been disposed of by compromise, destruction of the property or otherwise, this court on appeal will not pass upon the merits of the original matter in litigation to ascertain which side in law ought to have won, in order merely to decide who shall pay the costs. This rule, however, does not apply to an appeal in a state case where the appeal involves the enforcement of a constitutional right. State v. Horne, 119 N.C. 853, 26 S.E. 36. As...
To continue reading
Request your trial
-
Blue Jeans Corp. v. Amalgamated Clothing Workers of America, AFL-CIO, AFL-CIO
...punishment, there is a relief from unnecessary delay and costs, as well as diminution of court expenses to the public.' In State v. Pasley, 180 N.C. 695, 104 S.E. 533, the defendant was charged in a criminal action before a justice of the peace with going or entering upon the lands of anoth......
-
State v. Pulliam
... ... superior court, as will appear from these cases: State v ... Lytle, 138 N.C. 738, 51 S.E. 66; State v ... Brittian, 143 N.C. 668, 57 S.E. 352; State v ... Hyman, 164 N.C. 411, 79 S.E. 284; State v ... Tate, 169 N.C. 373, 85 S.E. 383; State v ... Pasley, 180 N.C. 695, 104 S.E. 533. See, also, State ... v. Rogers, 162 N.C. 656, 78 S.E. 293, 46 L. R. A. (N ... S.) 38, Ann. Cas. 1914A, 867 ... Construing ... section 12 of article 1 with section 13, the court has held ... that, on these appeals from subordinate courts having ... ...
-
State v. Crandall
... ... When the defendant asserts ... his right of appeal and the case comes up in the Superior ... Court, the defendant's right of trial by jury as ... guaranteed by the Constitution is preserved to him. State ... v. Brittain, 143 N.C. 668, 57 S.E. 352; State v ... Pasley, 180 N.C. 695, 104 S.E. 533; State v ... Jones, 139 N.C. 613, 52 S.E. 240, 2 L.R.A.N.S., 313; ... State v. Shine, 149 N.C. 480, 62 S.E. 1080 ... The ... unrestricted appeal from a sentence in an inferior court ... granted the defendant by statute protects a defendant's ... ...
- State v. Harris