(Download) "North Carolina v. Felmet" by Court of Appeals of North Carolina No. 8021SC9 " Book PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Felmet
- Author : Court of Appeals of North Carolina No. 8021SC9
- Release Date : January 03, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
The superior court has no jurisdiction to try a defendant upon a specific misdemeanor charge on a warrant, unless he is first tried and convicted in the district court, and then appeals to the superior court from the sentence pronounced against him on his conviction for such misdemeanor. State v. Hall, 240 N.C. 109, 81 S.E.2d 189 (1954); State v. Byrd, 4 N.C. App. 672, 167 S.E.2d 522 (1969). Defendant was convicted of trespass, a misdemeanor proscribed by N.C.G.S. 14-134. The district courts of North Carolina have exclusive original jurisdiction of misdemeanors. N.C. Gen. Stat. 7A-272; State v. McKoy, 44 N.C. App. 516, 261 S.E.2d 226, cert. denied, 299 N.C. 546, 265 S.E.2d 405 (1980). The jurisdiction of the superior court for the trial of a specific misdemeanor is derivative and arises only upon an appeal from a conviction of the misdemeanor in the district court. State v. Guffey, 283 N.C. 94, 194 S.E.2d 827 (1973); State v. McKoy, supra.