The indictment charges an offence of which the superior court had jurisdiction. It turned out, however, on the trial, that the proof was that the defendants were guilty of the assault, but not with a deadly weapon. The defendants are guilty of au offence inferior to that charged, and of which a justice of the peace had original jurisdiction. This inferior offence is of the same nature as that charged, and the superior court having gained jurisdiction, will continue to hold it, and proceed to judgment.
It was not the intention of The Code, §892, defining and establishing the jurisdiction of justices of the peace in certain cases, to arrest the jurisdiction of the superior court where it turned out on the trial that an offence of the same nature as that charged in the indictment, but of less degree, was proved. The court having gained jurisdiction, will continue to hold it in such a case, because it is a court of general jurisdiction, and has jurisdiction of such inferior offences, except as the same is abridged or suspended by the express words of the statute, or by necessary implication. This is not so as to the jurisdiction of a justice of the peace, because his jurisdiction is not general, but a limited one. This is settled. State v. Reaves, 85 N. C., 553.
Upon the special verdict, the court ought to have directed a verdict of guilty to be entered. There is error, and the judgment must be reversed, the verdict of not guilty upon the special verdict set aside, and the verdict of guilty entered, and further proceedings had according to law. Let this be certified.
Error. Reversed.