Opinion · Supreme Court of North Carolina
State v. . Beasley
196 N.C. 797
- Type
- Opinion
- Court
- Supreme Court of North Carolina
- Jurisdiction
- North Carolina
- Date
- 1929-03-27
- Topic
- general
Pee Ctjeiam. It is not clear from the record as to how this proceeding came into the Superior Court of Robeson County. A defective warrant, or one which fails to charge any offense under the statute, seems to have been issued by the recorder of the Rowland District, but no return appears on said warrant, and the record shows no trial or judgment in the recorder’s court. The ease on appeal states that, in the Superior Court, a jury trial was waived and the case submitted on an agreed statement of facts. There was no verdict of any kind, special or otherwise.
Citator
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- Cited by
- 12 opinions
It is not clear from the record as to how this proceeding came into the Superior Court of Robeson County. A defective warrant, or one which fails to charge any offense under the statute, seems to have been issued by the recorder of the Rowland District, but no return appears on said warrant, and the record shows no trial or judgment in the recorder’s court. The ease on appeal states that, in the Superior Court, a jury trial was waived and the case submitted on an agreed statement of facts. There was no verdict of any kind, special or otherwise.
The whole proceeding is a nullity as well as an anomaly.
Action dismissed.