State v. Leonard, 208 N.C. 346 (1935)

June 26, 1935 · Supreme Court of North Carolina

208 N.C. 346

STATE v. W. P. LEONARD.

(Filed 26 June, 1935.)

Criminal Law C d: D b — Involuntary manslaughter is a felony and not a misdemeanor.

The amendment of O. S., 4201, by ch. 249, Public Laws of 1933, does not mate involuntary manslaughter a misdemeanor, and the Superior Court has jurisdiction of a prosecution under the statute although the fatal accident occurred within the territorial jurisdiction of a city court having exclusive original jurisdiction of misdemeanors.

CeimiNal action, before Alley, J., at October Term, 1934, of Guil-ford.

The defendant was indicted for killing Ralph Jones. The evidence tended to show that the defendant was drinking and that the deceased, Ralph Jones, was a passenger in his car. The defendant drove the car in a reckless manner and upon approaching a curve the car overturned, killing Jones and seriously injuring another passenger. When the case was called for trial in the Superior Court the defendant filed a plea in abatement upon the theory that the municipal court of the city of Greensboro had jurisdiction for the reason that at the preliminary hearing all tbe evidence tended to sbow that tbe defendant was guilty of involuntary manslaughter. Tbe trial judge found as a fact that tbe evidence offered before the committing magistrate tended to prove “tbe defendant guilty of involuntary manslaughter, and that tbe offense charged occurred within one mile of tbe corporate limits of tbe city of Greensboro, and that tbe municipal court of tbe city of Greensboro has final and exclusive original jurisdiction of all misdemeanors occurring or committed within Guilford County, except at High Point, Deep River, and Jamestown,” etc. Tbe court refused to dismiss tbe indictment. Tbe defendant was convicted of involuntary manslaughter, and from sentence imposed appealed to tbe Supreme Court.

Attorney-General Seaw&ll and Assistant Attorney-General Aiken for the State.

Gold, McAnaTly <& Gold, Silas B. Casey, and Walser & Wright for defendant.

BeogdeN, J.

Tbe question of law presented by tbe record is whether by virtue of tbe amendment of O. S., 4201, contained in chapter 249 of tbe Public Laws of 1933, involuntary manslaughter is a misdemeanor.

Tbe trial judge found that tbe municipal court of tbe city of Greensboro bad original and exclusive jurisdiction of all misdemeanors committed within Guilford County with certain exceptions not applicable to this case. This Court has heretofore, at this term, held, in S. v. Dunn, ante, 333, that chapter 249 of tbe Public Laws of 1933 does not make involuntary manslaughter a misdemeanor, and this cause is determined by the decision in tbe Dunn case, supra.

No error.