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STATE v. MARSHALL

No. 7125SC106.

180 S.E.2d 464 (1971)

11 N.C. App. 200

STATE of North Carolina v. Jerry Dale MARSHALL.

Court of Appeals of North Carolina.

April 28, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Henry T. Rosser for the State.

Ted S. Douglas, Lenoir, for defendant appellant.

BRITT, Judge.

The record filed in this court fails to disclose how the superior court obtained jurisdiction of this case. The superior court has no jurisdiction to try an accused for a misdemeanor on the warrant of the district court unless he is first tried and convicted for such misdemeanor in the district court and appeals to the superior court from sentence pronounced against him by the district court. State v. Byrd, 4 N.C. App. 672

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