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IN THE MATTER OF STOKLEY

No. 5.

83 S.E.2d 703 (1954)

240 N.C. 658

In the Matter of C. Walter STOKLEY.

Supreme Court of North Carolina.

September 29, 1954.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen., for the State.

W. C. Morse, Jr., W. W. Cohoon, Elizabeth City, for petitioner-defendant.

WINBORNE, Justice.

In brief of defendant filed presently in this Court it is stated that the State contends that when a criminal action is brought from an inferior court to the Superior Court on certiorari, the Superior Court can act only as a court of review, and must act on the facts as they appear of record. This is not debatable. State v. King, 222 N.C. 137, 22 S.E.2d 241.

Certiorari, as a substitute for an appeal, must be applied for in...

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