#### STATE v. RUSSELL JOHN CHARLES BARBER.

(Filed 1 November, 1950.)

Criminal Law § 14—

Certiorari will not lie from tbe Superior Court to the Recorder’s Court when judgment has been entered in the Recorder’s Court upon defendant’s plea of guilty. G.S. 1-269.

Appeal by defendant from Bone, J., June Term, 1950, of CarteRet.

Appeal dismissed.

*578Theideféndant was charged in'the Becorder’s Court of Carteret County with operating a motor vehicle on a state highway at a greater rate of speed than 55 miles per hour. Defendant appeared 11 April, 1950, without counsel, entered plea of guilty, and was fined $10 and costs, which he-.paid. On 8 May, 1950, defendant’s counsel applied to the resident Judge of the District for writ of certiorari. The resident Judge signed an order-that the papers in the case-be certified to the Superior Court of Carteret County,- which was done. On the hearing in the Superior Court defendant’s counsel moved that the conviction and judgment in the Becorder’s Court be expunged from the record. Certiorari was denied as was also the motion to expunge conviction from the record. Defendant excepted and appealed.

Attorney-General McMullan and Assistant Attorney-General Rhodes for the Stale.

Charles L. Abernethy, Jr., for defendant, appellant.

DeviN, J.

The motion in the Superior Court for writ of certiorari was properly denied, G.S. 1-269. Taylor v. Johnson, 171 N.C. 84, 87 S.E. 981; Pue v. Hood, Commissioner of Banks, 222 N.C. 310, 22 S.E. 2d 896. There was nothing to invoke the jurisdiction of the Superior Court. The appeal therefrom will stand dismissed.

Appeal dismissed.