31 S.E. 854 | N.C. | 1898
The defendant was indicated in the Circuit Criminal Court of Mecklenburg County for murder and convicted. The case was certified to the Superior Court of said county, and there the defendant claimed the right to have his case tried on its merits before a jury.
The Solicitor of the Superior Court contended that his Honor should only hear and pass upon questions of law presented in the record from the Criminal Court. His Honor ruled that the defendant was entitled to a trialde novo in the Superior Court, and the Solicitor appealed.
The appeal must be dismissed, as it is not one of the only instances in which the State can appeal. Code, sec. 1237; S. v. Moore,
In S. v. Ray,
(757) Recurring to the main question, Was the defendant entitled to a trial de novo in the Superior Court? The question is answered by The Code, sec. 809 (Acts 1879, ch. 141; Constitution, Art. IV, sec. 8) in these words: "The practice, pleading, process and procedure in such (inferior) courts shall be in all respects as provided for the Superior Courts. Appeals may be taken from these courts to the Superior Courts in term time for error assigned in matters of law in the same manner and under the same restrictions provided by law for appeals from the Superior Courts to the Supreme Court, and the final decision of each Superior Court shall be certified to the court below that final judgment may be rendered." *519
In S. v. Thompson,
Appeal dismissed.
Cited: S. v. Davidson, 124, N.C. 839, 844; S. v. Bost,
(758)