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STATE v. CAUDILL

No. 8323SC1064.

314 S.E.2d 592 (1984)

STATE of North Carolina v. Vicky Wayne CAUDILL.

Court of Appeals of North Carolina.

May 1, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. David Gordon, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Lorinzo L. Joyner, Raleigh, for defendant.

WELLS, Judge.

Defendant first contends "[t]he superior court was without jurisdiction to try the defendant on a statement of charges filed in superior court for an April 11, 1981 § 49-2 bastardy violation where the case arose upon defendant's appeal for a trial de novo from a district court conviction for a 23 July 1978 § 14-322 non-support violation." We agree.

Violation of G.S. § 49-2 is a misdemeanor over which the district court had...

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