{
  "id": 8553923,
  "name": "STATE OF NORTH CAROLINA v. JERRY DALE MARSHALL",
  "name_abbreviation": "State v. Marshall",
  "decision_date": "1971-04-28",
  "docket_number": "No. 7125SC106",
  "first_page": "200",
  "last_page": "201",
  "citations": [
    {
      "type": "official",
      "cite": "11 N.C. App. 200"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "86 S.E. 2d 76",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1955,
      "opinion_index": 0
    },
    {
      "cite": "241 N.C. 572",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8614273
      ],
      "year": 1955,
      "opinion_index": 0,
      "case_paths": [
        "/nc/241/0572-01"
      ]
    },
    {
      "cite": "167 S.E. 2d 522",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1969,
      "opinion_index": 0
    },
    {
      "cite": "4 N.C. App. 672",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8555493
      ],
      "year": 1969,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/4/0672-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 175,
    "char_count": 2893,
    "ocr_confidence": 0.555,
    "pagerank": {
      "raw": 1.9625520060349778e-07,
      "percentile": 0.73829497395408
    },
    "sha256": "cfaef376fdc4ae032605a8acaa8541d51016f3fa26fe9ecc99f8f4945e9b5bda",
    "simhash": "1:8132e3381601104e",
    "word_count": 491
  },
  "last_updated": "2023-07-14T15:10:46.806740+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Campbell and Graham concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JERRY DALE MARSHALL"
    ],
    "opinions": [
      {
        "text": "BRITT, Judge.\nThe record filed in this court fails to disclose how the superior court obtained jurisdiction of this case. The superior court has no jurisdiction to try an accused for a misdemeanor on the warrant of the district court unless he is first tried and convicted for such misdemeanor in the district court and appeals to the superior court from sentence pronounced against him by the district court. State v. Byrd, 4 N.C. App. 672, 167 S.E. 2d 522 (1969). The Court of Appeals will take notice ex mero motu of the failure of the record to show jurisdiction in the court entering the judgment appealed from. It is the duty of defendant appellant to see that the record on appeal is properly made up and transmitted to the Court of Appeals. State v. Byrd, supra. For failure of the record to show jurisdiction, the appeal must be dismissed. State v. Banks, 241 N.C. 572, 86 S.E. 2d 76 (1955).\nNevertheless, we have carefully reviewed the record that is before us, with particular reference to the questions argued in defendant\u2019s brief, but conclude that no error sufficiently prejudicial to warrant a new trial appears.\nAppeal dismissed.\nJudges Campbell and Graham concur.",
        "type": "majority",
        "author": "BRITT, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Assistant Attorney General Henry T. Rosser for the State.",
      "Ted S. Douglas for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JERRY DALE MARSHALL\nNo. 7125SC106\n(Filed 28 April 1971)\n1. Criminal Law \u00a7 18 \u2014 jurisdiction of superior court to try defendant on warrant of district court\nThe superior court has no jurisdiction to try an accused for a misdemeanor on the warrant of the district court unless he is first tried and convicted for such misdemeanor in the district court and appeals to the superior court from sentence pronounced against him by the district court.\n2. Criminal Law \u00a7 157 \u2014 failure of record to show jurisdiction\nThe Court of Appeals will take notice ex mero motu of the failure of the record to show jurisdiction in the court entering the judgment appealed from.\n3. Criminal Law \u00a7 154 \u2014 record on appeal \u2014 duty of appellant\nIt is the duty of defendant appellant to see that the record on appeal is properly made up and transmitted to the Court of Appeals.\n4. Criminal Law \u00a7\u00a7 146, 157 \u2014 dismissal of appeal \u2014 failure to show jurisdiction of superior court\nAppeal is dismissed for failure of the record to show the jurisdiction of the superior court.\nAppeal by defendant from McLean, J., 21 September 1970 Session of Caldwell Superior Court.\nThe record before us discloses the following: A warrant was issued from the District Court of Caldwell County charging defendant with driving a vehicle on the highways of Caldwell County while under the influence of intoxicating liquor, in violation of G.S. 20-138. Defendant was tried in superior court on said warrant, was found guilty by a jury, and from judgment imposed on the verdict, he appealed to this court.\nAttorney General Robert Morgan by Assistant Attorney General Henry T. Rosser for the State.\nTed S. Douglas for defendant appellant."
  },
  "file_name": "0200-01",
  "first_page_order": 224,
  "last_page_order": 225
}