#### STATE v. WILLIAM JONES.

(Filed 6 November, 1907).

Indictment — Petty Misdemeanor.

In the Superior Court, upon appeal from a conviction for a petty misdemeanor, indictment by grand jury is dispensed with.

CRIMINAL ACTION, tried before Ferguson, J., and a jury, in the Superior Court of Eorsytii County.

Assistant Attorney-General Clement for the State.

Defendant not represented in this Court.

Per Curiam:

By chapter 573, Laws of 1907, the Recorder’s Court was created at Winston for the trial of petty misdemeanors, but with right of appeal to the Superior Court. By section 4 of said act, larceny of goods less than $10 was made a petty misdemeanor. The defendant, convicted in said court on a charge of petty misdemeanor, in stealing ship-stuffs of the value of $3, appealed to the Superior Court, and, being put on trial de novo, objected because no indictment against him had been returned by a grand jury. The Judge overruled the exception; the defendant excepted and, there being a verdict of guilty, appealed.

There is no error. The same point has been fully discussed and settled in State v. Lytle, 138 N. C., 738. In like manner, when .a case is tried in the Superior Court on appeal from a justice of the peace, no indictment is required. State v. Quick, 72 N. C., 243; State v. Thornton, 136 N. C., 616.

No Error.