(DOWNLOAD) "State v. Davis" by Supreme Court of North Carolina No. 291 # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Davis
- Author : Supreme Court of North Carolina No. 291
- Release Date : January 19, 1960
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
Defendant contends his motion to nonsuit should have been allowed since the State offered no evidence tending to show the record player had a value in excess of $100. His argument is based on this reasoning: Knowingly receiving stolen property is a misdemeanor or a felony dependent on the value of the stolen property, G.S. 14-72; the Superior Court is given exclusive jurisdiction when the property has a value in excess of $100, G.S. 14-73; but the Municipal-County Courts created pursuant to G.S. 7-240 have exclusive jurisdiction of all misdemeanors except minor misdemeanors, with respect to which they have concurrent jurisdiction with justices of the peace, G.S. 7-222; this exclusive jurisdiction has not, as to Lenoir County, been modified by the provisions of G.S. 7-64; therefore the solicitor had to elect whether to put defendant on trial for a misdemeanor as charged in the warrant, in which case the value of the stolen property was immaterial, or, to put him on trial for a felony, in which event it was necessary to offer some evidence which in good faith would tend to support the allegation that the stolen property had a value in excess of $100, thereby investing the Superior Court with jurisdiction; and since the evidence for the State at the trial fixed a maximum value of $99.95, there was nothing which would tend to support the charge of a felony necessary to give the Superior Court jurisdiction.
 "State v. Davis" by Supreme Court of North Carolina No. 291 # eBook PDF Kindle ePub Free){kind=link}