STATE v. R. J. JACKSON.
(Filed 3 November, 1943.)
Appeal by defendant from Harris, J., at May-June Term, 1943, of Onslow.
The defendant was tried and convicted in Superior Court upon a warrant issued in the County Criminal Court of Onslow, charging a *861violation of the prohibition laws of the State. The defendant was also tried and convicted in the court below upon a similar warrant charging the unlawful sale of beer on or about 9 May, 1943, between the hours of 11:30 o’clock p.m., Saturday night, and 1:00 o’clock a.m., Monday morning. Defendant appealed both cases to the Supreme Court, being cases Nos. 362 and 363.
Attorney-General McMullan and Assistant Attorneys-General Patton •and Rhodes for the Stale.
J. A. Jones for defendant.
Per Curiam.
The defendant was not tried upon either warrant in the County Criminal Court; hence the defendant challenged the jurisdiction of the Superior Court. However, when the respective cases were called in the County Criminal Court, the defendant demanded a trial by jury; whereupon the cases were transferred to the Superior Court. This procedure, upon a request for a jury trial by the State or defendant, being mandatory under the provisions of chapter 303, Public Laws ■of 1941, it is now conceded by the defendant that the procedure was proper and that the judgment in each case should be affirmed.
The judgment rendered below in each case is
Affirmed.