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STATE v. FELMET

No. 8021SC9.

266 S.E.2d 721 (1980)

STATE of North Carolina v. Joe Andrew FELMET.

Court of Appeals of North Carolina.

June 3, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Roy A. Giles, Jr., Raleigh, for the State.

Pfefferkorn & Cooley by Robert M. Elliot, Winston-Salem, for defendant-appellant.

HARRY C. MARTIN, Judge.

The superior court has no jurisdiction to try a defendant upon a specific misdemeanor charge on a warrant, unless he is first tried and convicted in the district court, and then appeals to the superior court from the sentence pronounced against him on his conviction for such misdemeanor. State v. Hall, 240 N.C. 109, 81 S.E.2d 189 (1954); State v. Byrd,

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