Opinion · Supreme Court of North Carolina
State v. . Casey
44 N.C. 209
- Type
- Opinion
- Court
- Supreme Court of North Carolina
- Jurisdiction
- North Carolina
- Date
- 1853-06-05
- Topic
- general
Battle, J. We cannot distinguish the principle which must *210 govern this case from that which was decided by this Court in the State v. Tisdale, 2 Dev. & Bat. Rep. 159. In that case, the defendant pleaded a former conviction for the same offence in the County Court.
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STATEv. CASEY ET AL.,44 N.C. 209(1853)
THE STATE v. WRIGHT CASEY ET. AL.
Supreme Court of North Carolina
June Term, 1853.
(The case ofS. v. Tisdale,19 N.C. 159, cited and approved.)Page 203
The only difference between the replication in that case and the present, consists in the allegations in this, that the defendants had knowledge of the bill having been found in the Superior Court, and procured an indictment to be found against them in the county court, and voluntarily submitted thereon, and paid the fine which the court imposed upon them. The replication does not state that the defendants had been arrested upon acapiasissued from the Superior Court before they were indicted in the county court, and we must take it that the fact was not so. Their knowledge of the bill having been found in the Superior Court cannot then vary the result. As was said inS. v. Tisdale, "the defendant had no day in the Superior Court — he having neitherPage 204been arraigned nor even arrested on the bill in that court. Until he had a day in court on that indictment, he was notvexatusthereby, and stood in relation thereto on the same footing as if he had been put without day by anolle prosequithereon; in which last case, it is laid down inMcNeill's case,10 N.C. 183, that he would be amenable on another indictment in any court having jurisdiction of the offense." How the other allegation, that he procured an indictment to be found against him in the county court and submitted thereon, can alter the case we cannot imagine. Certainly it is no fraud on the law for a man who has violated it to come forward and voluntarily submit to the judgment of a court having full jurisdiction of the offense. The Legislature, by giving a concurrent jurisdiction to the county and Superior Courts over assaults and batteries, assumes that either, and one not more nor less than the other, will fully exercise its powers and perform its duties thereto. But it is said that persons committing (211) aggravated batteries may and often do, by the means resorted to in this case, manage to escape with a lighter punishment in the county court than would have been imposed in the Superior Court. That may be so; and if it is so, it is an evil which it is the province of another department of the government to redress. The judgment must be affirmed.
PER CURIAM. Judgment accordingly.Cited: S. v. Swepson,79 N.C. 640;S. v. Williford,91 N.C. 529;S.v. Roberts,98 N.C. 756.