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State v. Alston

State v. Jones Alston.

State v. Alston, 65 S.E. 619 (N.C. 1909)
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Court
Supreme Court of North Carolina · State Highest Courts
Decided
September 29, 1909
Judges
Walker
Citations
65 S.E. 619151 N.C. 6501909 N.C. LEXIS 334
Headnotes
For digest, see State v. Oollins, next above.
Summary
Appeal from Peebles, J., February Term, 1909, of Beaufort. The State appealed.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Walker

Walker, J.

The defendant was indicted in the Superior Court of Nash County for unlawfully and cruelly beating a horse. The indictment was returned by the grand jury after the recorder’s court of Nash County was established, under the act of 1909 (chapter 633), and the case is therefore precisely like the one of State v. Collins, decided at this term. The court, upon motion of the defendant, quashed the bill, and the State appealed. In thus disposing of the case, there was no error, as the' Superior Court had no jurisdiction of the offense alleged in the indictment, which is below the grade of a felony.

Affirmed.

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