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Criminal prosecution, tried upon warrant charging the defendant with violations of the prohibition law.
From a conviction in the recorder's court of New Hanover County and sentence of sixty days on the roads, the defendant appealed to the Superior Court, where he tendered a "conditional plea of guilty" under ch. 23, Public Laws 1933, which was accepted by the solicitor.
Upon hearing the evidence, without the intervention of a jury, the court adjudged the defendant "guilty" and sentenced him to two years on the roads.
Defendant appeals, assigning errors. It is conceded in the State's brief a new trial must be awarded under authority of S. v. Camby,
209 N.C. 50 , to the end that a jury may pass upon the guilt or innocence of the accused, as is his constitutional right. It is so ordered. S. v. Hill,209 N.C. 53 .New trial. *Page 171
Document Info
Citation Numbers: 185 S.E. 662, 210 N.C. 170
Judges: STACY, C. J.
Filed Date: 5/20/1936
Precedential Status: Precedential
Modified Date: 1/13/2023