[Download] "State v. Doughtie" by Supreme Court of North Carolina " Book PDF Kindle ePub Free
eBook details
- Title: State v. Doughtie
- Author : Supreme Court of North Carolina
- Release Date : January 23, 1953
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The defendant in his brief contends that the warrant issued by Ruffin, Desk Sergeant of the Tarboro Police Force, was unconstitutional and void by reason of G.S. 15-18, which specifies who may issue warrants. That though Ch. 275 of the Public-Local Laws of 1941, Section 4 1/2, gives authority to the Desk Sergeant of the Police Department of Tarboro to issue warrants for offenses committed and to be tried in the Trial Justices Court provided for in Ch. 126, Private Laws 1935, the offense charged in the warrant is a general misdemeanor and the Trial Justices Court had no jurisdiction. That therefore the warrant was void; there has been no trial in the Trial Justices Court; that an appeal may be tried in the Superior Court only where the case has been appealed after a trial in the inferior court, citing S. v. Thomas, 236 N.C. 454, 73 S.E.2d 283. That to impose judgment upon him on a void warrant is in violation of Art. One, Sections 12 and 13 of the State Constitution. That because the purported warrant was void, the Superior Court had no jurisdiction.
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