59 S.E. 117 | N.C. | 1907
By chapter 573, Laws 1907, the recorder's court was created at Winston for the trial of petty misdemeanors, but with right of appeal to the Superior Court. By section 4 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 shipstuff 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 S. v. Lytle,
No error.
Cited: S. v. Shine,
(461)