*1 JANÜAKY TEEM 309 1872. BeyeRLT
State Jeefekson. v. vs.
STATE BEVERLY JEFFERSON. interlocutory taken on an
1. Au tbe State docket from order judgment.
;3. mvolyes a a Where Court and error in its ex- capital ercise, where, case, Judge improperly discharges in a a refuses the record of below a writ of certiorari in the nature of a review writ of error. 10 sec. Const. proper In such ease the course is to ask for a rule to
o. show cause issue, order, writ should not and asa foundation for the the Court will petition in due form. Judge may dischargе In a trial for a
4. sufficient cause trial; case, and hold the for another in which it is his upon find the facts and set them on the that his conclusions mat- law, arising upon ters of reviewed Court. duty,of present personally ju- It is to be dicially facts which his conclusions are based. cаn. Where, therefore, not be is absent from the Sélá, ajury, does; to the Clerk and the to be Clerk and the such case is entitled to his Alma-a, Palеer, 63
State 529. State Slate 65 N v. C. 3G4. v. approved. C. 333. cited and N.C. an tried at Warren This was indictment for murder, Supe- rior Court before Watts, Judge, Spring’ Court is rendered,
The facts forth in from the record extracts sent afterwards, “And second said at 10 term, the ease P. M., oí the Clerk to inform Honоr, Judge presiding, instructing failure to Mm on the Tues- said following, night departs IN THE SUPREME COURT. Beyeelt Jefferson. *2 residence Franklin And on Sat- day night county. the last of thе the said Jefferson is. day fenn, Beverly urday the bar of the in the custody Court of the sher- brought^to again iff, the counsel for the State Hon- and рrisoner being present, absent, sworn being continuously jury, charged have re- to the Clerk of Court aforesaid, report they until the mained together have not able do not they o’clock; they agree. believe said Court His Clerk of
Thereupon thesaid declaration Franklinton, report at his thereafter received from His Honor of the shortly dispatch the following C.,N.
FeaNKliNTON, W. A. White: To and mistrial be enterеd'. Dis- be withdrawn
Let juror let the be remanded to prison. charge
S. J. C. WATTS, S. W. and a mistrial is en- Clerk withdraws juror, Whereupon the record. cause continued tered upon to remain until due course of remanded jail discharged by Term, 1871, at Fall counsel for the And moved Motion overruled. Appeal Supreme Court.” of the motion General from the
Upon Attorney appeal was dismissed. interlocutory judgment General State. Attorney & Btosiee Busbee for defendants. It is decided State C. J. Bailey,
PbaesoN, “an taken on the 426, State docket- appeal to this order.” any interlocutory TERM
JANUARY Sil Beverly Jbeferson. It follows that in this ease was improvidently [the allowed and must be dismissed.
But we are of in reference law question of the and the motion for the discharge and that the are fit to heard prisoner, record of the Court below for review .up brought of error. writ of nature of writ сertiorari it is held that when the involves the and error in its ex- ercise, the for review. Under record may “ The Court shall sec. have remedial to issue writs, necessary give of the inferior Courts.” control general supervision *3 for in the record shows cause The matter set prоbable to show to take a rule on the State the permitting prisoner should not issue. cause of certiorari why the matter for therе it from Bailey’s case, distinguishes We the record did not show cause. wish probable the alle- for there it from also to parte; distinguish deemed for the writ of certiorari were the petition gations Here the writ. we allowing for the order sufficient order; is a foundation for the which in due form, petition in that and was more only departed regular practice, circumstances. its case peculiar dis- take a rule to show cause. Appeal
missed.
Pee Cuexam. cause filed, show petition A rule was then granted upon the writ The order for issue. not should writ of certiorari of Warren County to the Clerk it issued and was was made, record, in all res- the same, transcript certified whо out above. has been set as that which pects, as above. Same Counsel IN THE SUPREME COUNT. Bevekly Jeeeerson. O. J. The record of the Court is now PeaRSON, reyiew before us writ of certiormi, there opinion, is error. The entitled to it is enacted “In Sec. case By P., discharged. term of a Court shall a trial for while expire felony, &c.,
shall be in and before shall be therein progress, given shall continue the as in term as long shall be necessary oí the case.” See State v. purposes Adair, this term. State v. cases, C., 529. State v. Alman 64 N. C. 364,and State Baker, N. C. 332, it is a trial for a settled, sufficient cause, hold trial. another ease it is his them out' on the that his conclusion as to the n lawof be reviewed facts, may arising
As the case was of the second we inclined to the that had his opinion, Honor remained at the until Saturday night ready instruct аnd then after jury, discharged Friday, had with the fact case four days, presence that from declarations of the others jurors, (cid:127)and in Court before he was satisfied the open him, would that it was useless and “not necessary for the the case” to continue the term and hаd purposes longer, there would have been no thereupon discharged *4 error.
But these facts are not found and could have been him found for it is by judicially; he left the Court and his in Franklin went to Coun- “ on the Clerk to inform him ty Tuesday night, instructing or failure to It is further set Saturday out, night following.” on at 5 o’clock M., P. the Clerk informed Honor by and his telegraph, could not TEEM JANITAEY ct al. David Pendéis the Cleric
instructed by telegraph Cleric which the did. remand рres- to have been personally It was the of find the facts ent judicially was conclusion to based. ais fundamental This cannot pоwer th©is, The result It has of been violated.
principle acting is entitled be discharged. of discharg- adjudges ed without day. go reversed. Judgment
Pee CueiaM. PENDER, et al. STATE vs.DAVID jurisdiction the Chief power Legislature criminal to confer I. The power footing cities, stands on different Magistrates towns and of jurisdiction. to confer civil power Constitution, of the Judicial IV of the Article 4th section of a. impeachments, for the trial in a Court the Superior State vested Courts, jurisdiction Special ; is de- Special Courts Courts hy same 19 the Article. fined section y. act, рage 69, chap. chap. particular see. 2 of of 1S08- The acts enumerated) Mayors, Superintendants of 433, gives (amoug other оfficers kept towns, power “to cause to be all of cities chief officers Police other chap. 3, peace,” &c.; preservation public sec laws made for gives process apprehension of “to issue of the same act them offence, persons charged gpwers and duties con- with and to execute the by any part jurisdiction given to chapter,” them ferred in but no final of said act. supported towns, &c., thus officers chief Special authority given Legislature to create question» objection towns, to the aet be no Courts for cities and can try charged persons misde- with that it these does not authorize officers simply meanors, arrest and them over. but bind