{
  "id": 8552304,
  "name": "STATE OF NORTH CAROLINA v. JOHNNIE GREENE",
  "name_abbreviation": "State v. Greene",
  "decision_date": "1975-06-18",
  "docket_number": "No. 7518SC214",
  "first_page": "342",
  "last_page": "344",
  "citations": [
    {
      "type": "official",
      "cite": "26 N.C. App. 342"
    }
  ],
  "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": "187 S.E. 2d 8",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1972,
      "opinion_index": 0
    },
    {
      "cite": "280 N.C. 651",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8573179
      ],
      "year": 1972,
      "opinion_index": 0,
      "case_paths": [
        "/nc/280/0651-01"
      ]
    },
    {
      "cite": "184 S.E. 2d 386",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1971,
      "opinion_index": 0
    },
    {
      "cite": "12 N.C. App. 584",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8551603
      ],
      "year": 1971,
      "pin_cites": [
        {
          "page": "586"
        }
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/12/0584-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 211,
    "char_count": 3188,
    "ocr_confidence": 0.609,
    "pagerank": {
      "raw": 4.03580807328026e-08,
      "percentile": 0.2059374890196301
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    "sha256": "7488c35cf69f3194c44513fb1cf4ce013669d70c9d3171660cc2a8d8ac23823a",
    "simhash": "1:87d738609c89162e",
    "word_count": 529
  },
  "last_updated": "2023-07-14T16:59:13.418266+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Clark and Arnold concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JOHNNIE GREENE"
    ],
    "opinions": [
      {
        "text": "BROCK, Chief Judge.\nThe State assigns as error (1) the district court\u2019s quashing of the warrant and (2) the failure of the superior court to hear its appeal from the district court\u2019s action.\nG.S. 15-179 provides:\n\u201cWhen State may appeal. \u2014 An appeal to the appellate division or superior court may be taken by the State in the following cases, and no other. Where judgment has been given for the defendant\u2014\n\u201c(6) Upon declaring a statute unconstitutional.\u201d\n\u201cUnder this statute, if the State\u2019s right to appeal arises in the district court, the appeal is to the superior court; if it arises in the superior court, the appeal is to the appellate division.\u201d State v. Greenwood, 12 N.C. App. 584, 586, 184 S.E. 2d 386 (1971), rev\u2019d on other grounds, 280 N.C. 651, 187 S.E. 2d 8 (1972).\nThe superior court improperly refused to hear this case. It erred further in remanding the case to the district court \u201cfor the State to appeal direct to the appellate court.\u201d This Court does not have jurisdiction of an appeal from the district court in a criminal case.\nAppeal from the district court\u2019s order is dimissed; the order of Judge Kivett is reversed, and the case is-remanded to the superior court for a hearing on the State\u2019s appeal from the order of the district court.\nJudges Clark and Arnold concur.",
        "type": "majority",
        "author": "BROCK, Chief Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Associate Attorney Isaac T. Avery III, for the State, appellant.",
      "Wallace C. Earrelson, Public Defender, and Frank A. Campbell, Assistant Public Defender, for the defendant, appellee."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JOHNNIE GREENE\nNo. 7518SC214\n(Filed 18 June 1975)\nCourts \u00a7 7; Criminal Law \u00a7\u00a7 146, 149 \u2014 quashal of warrant \u2014 unconstitutional ordinance \u2014 district court \u2014 appeal by State \u2014 jurisdiction in superior court\nThe superior court erred in refusing to hear the State\u2019s appeal from a district court order quashing a warrant for loitering on the ground the city ordinance allegedly violated was unconstitutional and remanding the case to the district court \u201cfor the State to appeal direct tp the appellate court\u201d since only the superior court has jurisdiction of an appeal from the district court in a criminal case. G.S. 15-179(6).\nAppeal by the State from an order of Kivett, Judge. Order entered 16 January 1975 in Superior Court, Guilford County. Argued in the Court of Appeals 14 May 1975.\nDefendant was charged in a warrant with a violation of \u00a7 13-10 of the Greensboro City Code. This section prohibits loitering, loafing, or lounging in certain places. Defendant was arrested for \u201cwilfully [loitering] upon the premises of [the] Union Bus Station . . . without having some immediate business upon the premises.\u201d\nDefendant pleaded not guilty in district court, and a nolle prosqui was taken on 9 August 1974. Two weeks later, on 22 August, the case was reopened at defendant\u2019s request. The assistant public defender asked that the 9 August judgment be stricken and moved to quash the warrant on the grounds \u201cthat the charge was unconstitutional.\u201d The district judge allowed the motion. The State then appealed to the superior court. There Judge Kivett ordered the case remanded to the district court \u201cfor the State to appeal direct to the appellate court.\u201d\nAttorney General Edmisten, by Associate Attorney Isaac T. Avery III, for the State, appellant.\nWallace C. Earrelson, Public Defender, and Frank A. Campbell, Assistant Public Defender, for the defendant, appellee."
  },
  "file_name": "0342-01",
  "first_page_order": 370,
  "last_page_order": 372
}