Jenkins v. Fowler

Before pleading to the indictment, defendant moved to quash it. The defendant contends that the first two counts in the indictment charge the commission of felonies, while the third count in the indictment charges the commission of a misdemeanor; and that the Municipal-County Court of the city of Greensboro has original exclusive jurisdiction over misdemeanors, and, consequently, the indictment should be quashed. This assignment of error is overruled. The third count in the indictment charges a violation of G.S. 20-105, which is a misdemeanor. So far as the record before us discloses, the criminal prosecution here on all three counts was upon an indictment which originated in the Superior Court of Guilford County. The Municipal-County Court, Criminal Division, Greensboro, Guilford County, has "original, exclusive and final jurisdiction" over a violation of G.S. 20-105 committed in the city of Greensboro. Any jurisdiction the Superior Court of Guilford County obtains for a violation of G.S. 20-105 must be derivative. 1955 Session Laws, Ch. 971, sec. 3(a) and (b)(1). S. v. Covington, 267 N.C. 292, 148 S.E.2d 138. The Superior Court of Guilford County under the circumstances here had no jurisdiction to try defendant for a violation of G.S. 20-105. S. v. Covington, supra. So far as the record before us discloses, the jury found by its verdict that defendant was "Guilty of Larceny as charged in the Bill of Indictment in Count One," and did not refer in its verdict to counts two and three in the indictment. The verdict in the case amounts to a verdict of acquittal on counts two and three