State v. Wiseman

• Court: North Carolina Supreme Court
• Writing for the Court: FURCHES
• Citation: State v. Wiseman, 131 N.C. 795, 42 S.E. 826 (N.C. 1902)
• Decision Date: 25 November 1902
• Parties: STATE. v. WISEMAN.

42 S.E. 826

131 N.C. 795

STATE.

v.WISEMAN.

Supreme Court of North Carolina.

Nov. 25, 1902.

JUSTICES OF THE PEACE — JURISDICTION — CRIMINAL ACTION — AMOUNT OF FINE — SUPERIOR COURT—APPELLATE JURISDICTION.

1. Const, art. 4, § 27, limits the criminal jurisdiction of justices of the peace to cases where the fine cannot exceed $50. Acts 1901, c. 182, § 2, provides that the fine for permitting stock to run at large may reach the sum of $10 per head. In an action thereunder before a justice defendant was fined only $16, though the fine might have exceeded the constitutional limit. Held, that the justice had no jurisdiction.

2. Where a justice of the peace had no jurisdiction of a criminal case tried before him, owing to the amount involved, the superior court could acquire no jurisdiction on appeal.

¶ 2. See Criminal Law, vol. 15, Cent. Dig. § 2578.

Appeal from superior court, Mitchell county; Starbuck, Judge.

A criminal action against S. Wiseman for permitting stock to run at large was dis missed by the court, and the state appeals. Affirmed.

The following is the agreed statement of facts on appeal:

Since the trial in the superior court, the warrant and judgment of the justice of the peace have been misplaced, and cannot be found. The warrant upon which the defendant was arrested and tried was drawn in due form, under section "one, " chapter 182, of Acts of 1901, and charged that defendant did on May 1, 1902, willfully and intentionally allow about 10 head of hogs to run at large off his premises in Mitchell county, N. C. The words in quotation are the exact words set out in the warrant The body of the judgment rendered by the justice of the peace, and which was indorsed on the warrant, was in words and figures as follows: "Defendant found guilty. Fined, for 8 hogs, at $2 per head, $16.00. Costs, $2.50." The evidence in the superior court shows that the defendant in the month of May, 1902, allowed 8 hogs to run at large at the same time; the hogs being in one drove or gang. The court, upon motion, arrested the judgment and dismissed the action for want of jurisdiction, inasmuch as the maximum fine for the offense charged, and for which defendant was convicted, was, according to section 2 of said chapter, more than $50. The solicitor excepted and appealed.

The Attorney General, for the State.

FURCHES, C. J. This is a criminal action commenced before a justice of the peace under chapter 182, Acts 1901. The warrant charges that the defendant allowed 10 hogs to run at large off his premises, in violation of the provisions of the first section of said act And the second section thereof is in the following language: "That any person or persons violating the provisions of section 1 of this act shall be guilty of a misdemeanor, and upon conviction shall be fined not less than two dollars nor more than ten dollars for each and every offense, for each head of stock so allowed to run at large." The defendant was found guilty in the justice's court of allowing eight head of hogs to run at large off his premises in violation of said act, and was fined $2 for each hog, making $16. The defendant appealed from this judgment to the superior court, where he was again tried upon the same...