{ "id": 8573481, "name": "STATE v. DOROTHY N. DOVE, GEORGIA GAYLOR, CLARENCE STEWART, JR., ROBERT E. SPRUILL, WILLIE O. DOVE, WILLIE A. DRAKE, VANCE E. GREEN, WILLIAM E. TOON, DAVID R. MILLER, GEORGE LEE BRIMAGE, GEORGE T. JENNINGS, JENNIE S. BOONE, CATHERINE GAYLOR, JUANITA JOHNSON, FARRIES C. SLADE", "name_abbreviation": "State v. Dove", "decision_date": "1964-02-26", "docket_number": "", "first_page": "366", "last_page": "368", "citations": [ { "type": "official", "cite": "261 N.C. 366" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "99 S.E. 2d 764", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "246 N.C. 596", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8627575 ], "opinion_index": 0, "case_paths": [ "/nc/246/0596-01" ] }, { "cite": "78 S.E. 2d 312", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "238 N.C. 547", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8613160 ], "opinion_index": 0, "case_paths": [ "/nc/238/0547-01" ] }, { "cite": "98 S.E. 2d 885", "category": "reporters:state_regional", "reporter": "S.E.2d", "opinion_index": 0 }, { "cite": "246 N.C. 518", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8627207 ], "opinion_index": 0, "case_paths": [ "/nc/246/0518-01" ] } ], "analysis": { "cardinality": 341, "char_count": 5008, "ocr_confidence": 0.579, "pagerank": { "raw": 4.7817273071113374e-08, "percentile": 0.3008905152385332 }, "sha256": "bd6b2ee65d052b82af78ac271d3a333dc585039e5dfd84e8ced89147ca87c211", "simhash": "1:a9a9e6fe228133dd", "word_count": 847 }, "last_updated": "2023-07-14T21:53:45.776989+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "STATE v. DOROTHY N. DOVE, GEORGIA GAYLOR, CLARENCE STEWART, JR., ROBERT E. SPRUILL, WILLIE O. DOVE, WILLIE A. DRAKE, VANCE E. GREEN, WILLIAM E. TOON, DAVID R. MILLER, GEORGE LEE BRIMAGE, GEORGE T. JENNINGS, JENNIE S. BOONE, CATHERINE GAYLOR, JUANITA JOHNSON, FARRIES C. SLADE." ], "opinions": [ { "text": "Per Curiam.\nOn 16 July 1963 Russell Dunn signed, before the Clerk of the Recorder\u2019s Court of the City of New. Bern, an affidavit charging Dorothy Narvell Dove violated \u201cSec. 14-134 of the General Statutes of North Carolina, by entering upon the premises of the A & W Drive-Inn, New Bern, N. C. managed by and in the possession of Russell Dunn, and she, Dorothy Narvell Dove, the said defendant, having been forbidden to enter or remain on the said premises.\u201d Based on this affidavit, an order was issued for the arrest of defendant Dove. On the 29th of July 1963, the .Recorder imposed a prison sentence, suspended on condition of good behavior and the payment of a fine of $25.00 (The record does not disclose that any trial was had or verdict rendered.) Notice of appeal and bond for the appearance of the defendant at the September 1963 Criminal Session of Craven was given. Similar proceedings against the remaining defendants were had in the Recorder\u2019s Court of New Bern.\nAt the September Session, 1963, the Grand Jury returned a true bill charging the defendants:\n\u201cafter being forbidden to do so and without a license therefor did enter upon the land and tenement of Root Beer Drive Ins, Inc., a Corporation, at its place of business on Broad Street, City of New Bern, denominated as \u2018A&W Drive-In,\u2019 consisting of a restaurant located inside the building on the premises and covered walkway and parking areas for automobiles adjoining for the service of food and drink to the occupants of automobiles as drive-in customers, said Root Beer Drive Ins, Inc., being then and there in actual peaceable and legal possession of said premises which at the time was under the control of its agent and manager, Russell W. Dunn, and they did each severally and in concert and each with a multitude of people and each aiding and abetting the others proceed on foot to the front door of the restaurant on the premises where they were met and informed and told by the said Russell W. Dunn, acting as manager and in the scope of his employment, that they could not enter the said restaurant and would not be served and to leave the premises; and they did each individually and in concert and as a part of a multitude of people and each aiding and abetting the others sit down on the premises on the covered walkway in such positions so as to block said walkway and the front entrance to said restaurant and commenced loud singing, vocalization and clapping of their respective hands; and the said Russell W. Dunn, acting as aforesaid, then told each one individually as well as collectively to immediately quit and leave the said premises, but they each unlawfully, wilfully and intentionally failed and refused to do so.\u201d\nThe bill is sufficient to. support a conviction under G.S. 14-126, entitled \u201cForcible entry and detainer,\u201d or under G.S. 14-134 entitled \u201cTrespass on land after being forbidden.\u201d\nThe bill and warrants charge different trespasses, State v. Cooke, 246 N.C. 518, 98 S.E. 2d 885.\nDefendants were not tried in the Superior Court on their appeals from the judgments rendered by the Recorder\u2019s Court. They were there tried on the bill of indictment.\nThe Recorder\u2019s Court of the City of New Bern was created in 1947, as authorized by G.S. 7-190. State v. Sloan, 238 N.C. 547, 78 S.E. 2d 312.\nThe crimes defined in G.S. 14-126 and G.S. 14-134 are misdemeanors. The Superior Court of Craven County does not have original jurisdiction of the crimes charged in the bill of indictment, G.S. 7-64, State v. Morgan, 246 N.C. 596, 99 S.E. 2d 764 \u2014 that jurisdiction is given the New Bern Recorder\u2019s Court, G.S. 7-190. Since the Superior Court was without original jurisdiction to determine the guilt or innocence of defendants, it follows that defendants\u2019 motion for arrest of judgment should have been allowed.\nDefendants are entitled to a trial on the charges heard by the Recorder\u2019s Court, now pending on appeal in the Superior Court. Warrants may be issued from Recorder\u2019s Court of New Bern charging defendants with commission of the crimes stated in the bill of indictment. If there convicted, they may appeal to the Superior Court. The Superior Court may hear the appeal.\nReversed.", "type": "majority", "author": "Per Curiam." } ], "attorneys": [ "Attorney General Bruton and Deputy Attorney General Moody for the State.", "Lisbon C. Berry, Jr. and Reginald L. Frazier for defendant appellants." ], "corrections": "", "head_matter": "STATE v. DOROTHY N. DOVE, GEORGIA GAYLOR, CLARENCE STEWART, JR., ROBERT E. SPRUILL, WILLIE O. DOVE, WILLIE A. DRAKE, VANCE E. GREEN, WILLIAM E. TOON, DAVID R. MILLER, GEORGE LEE BRIMAGE, GEORGE T. JENNINGS, JENNIE S. BOONE, CATHERINE GAYLOR, JUANITA JOHNSON, FARRIES C. SLADE.\n(Filed 26 February 1964.)\nCriminal Law \u00a7 16\u2014\nTbe Superior Court of Craven County does not bave original jurisdiction of misdemeanors, G.S. 7-64, and therefore defendants may not be tried in tbe Superior Court upon indictment upon appeals from convictions in tbe recorder\u2019s court of trespassing. G.S. 14-126; G.S. 14-134.\nAppeal by defendants from Bundy, J., September 1963 Criminal Session Of CRAVEN.\nAttorney General Bruton and Deputy Attorney General Moody for the State.\nLisbon C. Berry, Jr. and Reginald L. Frazier for defendant appellants." }, "file_name": "0366-01", "first_page_order": 406, "last_page_order": 408 }