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262 N.C. 492

137 S.E.2d 811

State v. Evans

Supreme Court of North Carolina

Decided September 23, 1964

Supreme Court of North Carolina · decided 1964-09-23

Relies on State v. Thomas · State v. Thomas · State v. Norman

Good law ✅— No negative treatment on recordhow we know

Decided 1964-09-23

How this case has been cited

Cited by 12 later decisions — most recently July 1993

12 state decisions

401964197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Pee Cueiam.

¶1 A defendant may be tried in the Superior Court upon a warrant only when there has been a trial and appeal from a conviction by an inferior court having jurisdiction. G.S. 15-137, G.S. 15-140; *493 State v. Norman, 237 N.C. 205, 74 S.E. 2d 602. As this Court has repeatedly held, where there has been no such conviction, trial in the Superior Court upon the original warrant is a nullity. State v. Peede, 256 N.C. 460, 124 S.E. 2d 134; State v. Johnson, 251 N.C. 339, 111 S.E. 2d 297; State v. Thomas, 236 N.C. 454, 73 S.E. 2d 283. The judgment of the Superior Court is vacated and the case remanded for further proceedings as allowed by law.

¶2 Judgment arrested.

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