State v. Jackson, 223 N.C. 860 (1943)

Nov. 3, 1943 · Supreme Court of North Carolina

223 N.C. 860

STATE v. R. J. JACKSON.

(Filed 3 November, 1943.)

Appeal by defendant from Harris, J., at May-June Term, 1943, of Onslow.

The defendant was tried and convicted in Superior Court upon a warrant issued in the County Criminal Court of Onslow, charging a violation of the prohibition laws of the State. The defendant was also tried and convicted in the court below upon a similar warrant charging the unlawful sale of beer on or about 9 May, 1943, between the hours of 11:30 o’clock p.m., Saturday night, and 1:00 o’clock a.m., Monday morning. Defendant appealed both cases to the Supreme Court, being cases Nos. 362 and 363.

Attorney-General McMullan and Assistant Attorneys-General Patton •and Rhodes for the Stale.

J. A. Jones for defendant.

Per Curiam.

The defendant was not tried upon either warrant in the County Criminal Court; hence the defendant challenged the jurisdiction of the Superior Court. However, when the respective cases were called in the County Criminal Court, the defendant demanded a trial by jury; whereupon the cases were transferred to the Superior Court. This procedure, upon a request for a jury trial by the State or defendant, being mandatory under the provisions of chapter 303, Public Laws ■of 1941, it is now conceded by the defendant that the procedure was proper and that the judgment in each case should be affirmed.

The judgment rendered below in each case is

Affirmed.