State v. Batchelor, 72 N.C. 468 (1875)

Jan. 1875 · Supreme Court of North Carolina

72 N.C. 468

STATE v. GABRIEL BATCHELOR.

Chapter 176, Acts of 1873-74, enlarging the jurisdiction of Justices of the Peace, does not embrace the offence of Forcible Trespass.

(State v. McAden, 71 N. C. Rep. 207, cited and approved.)

Indictment, forcible trespass, tried at Fall Term, 1874, of Halifax Snperior Court, before his Honor Judge Ilenry.

When the case was called in the Court below, it was moved for the defendant, to quash the indictment for want of jurisdiction. His Honor allowed the motion, whereupon Solicitor Harris appealed.

Attorney General Hargrove, for the State.

Batchelor, for the defendant.

Bynum, J.

This is an indictment against the defendant for a forcible trespass. When the action came on for trial in the Court below, the counsel for the defendant, moved the Court to dismiss for the want of jurisdiction, and the motion was allowed and the action dismissed ; from which judgment the Solicitor for the State, appealed to this Court.

We are at a loss to discover upon what ground his Honor proceeded, as none is assigned by him or suggested here. The offence charged is one at common law, and the Superior Courts of this State have always exercised the j urisdiction here claimed. State v McAden, 71 N. C. 207. The late acts of the General Assembly, increasing the jurisdiction of Justices of the Peace, Acts 1873-’74, chap. 176, do not embrace this offence, even if the conditions upon which that jurisdiction can be exercised, are complied with. There is error.

This will be certified to the end that the Court below may proceed according to law.

Pee CuRiam. Judgment reversed.