State v. . Reavis

'WiNBORNE, J. This is the pivotal question on this appeal: “Did the Superior Court of Davie County have jurisdiction over the automobile of defendant seized by the sheriff of that county in connection with a violation of the nrohibition law of which the Recorder’s Court for the *21 District of Cooleemee had theretofore assumed jurisdiction.” The answer is “No.” The General Assembly of North Carolina in the Act, Public-Local Laws 1911, Chapter 713, Section 5, creating the “Recorder’s Court for the District of Cooleemee,” granted to that court “concurrent jurisdiction with courts of justices of the peace in all criminal offenses committed within Jerusalem Township,” and “exclusive jurisdiction to hear and determine all other criminal offenses committed within said township below the grade of felony, as is now defined by law,” — declaring “all such offenses committed within said township ... to be petty misdemeanors.” It was provided, however, in said act, “that in all criminal offenses where said court has been given jurisdiction by the act, and no prosecution has been commenced within six months from the commission thereof, the Superior Court of Davie County may proceed to try the same, as though this court did not exist.” However, the General Assembly, by Chapter 299 of Public Laws 1919, and subsequent amendments, and now G. S., 7-64, has provided that in all cases in which by statute original jurisdiction of criminal actions has been taken from the Superior Court and vested exclusively in courts of inferior jurisdiction, such exclusive jurisdiction is divested, and jurisdiction of such actions shall be concurrent and exercised by the court first taking cognizance thereof, and that appeals from all judgments of such inferior courts to the Superior Courts shall be as heretofore. Applying the provisions of these statutes to the factual situation in hand: The record shows that the offense charged against defendant Reavis was committed “on or about the 15th day of February, 1947,” and defendant was arrested, and on 1 March, 1947, tried in the Recorder’s Court for the District of Cooleemee, and from the judgment rendered on that date no appeal to Superior Court has been taken. Moreover, the record fails to show that at any time has any indictment been had in Superior Court of Davie County against defendant for the offense charged. Hence, the Recorder’s Court, under the express provisions of G-. S., 7-64, having first taken cognizance of the offense, had jurisdiction of it to the exclusion of the Superior Court. Furthermore, the statute, G. S., 18-6, pertaining to the seizure of vehicles engaged in illegal transportation of intoxicating liquors, provides that “whenever intoxicating liquor transported or possessed illegally shall be seized by an officer, he shall take possession of the vehicle and team or automobile . . . and shall arrest any person in charge thereof”; and that “such officer shall at once proceed against the person arrested under the provisions of this article in any court of competent jurisdiction; but the said vehicle or conveyance shall be returned to the owner upon execution by him of a good and valid bond . . . which .■ . . shall be *22 approved by the officer and shall be conditioned to return said property to the custody of said officer on the day of trial to abide the judgment of the court.” It is clear from these provisions that the vehicle is under the jurisdiction of the court which has jurisdiction of the offense charged against the person. • Hence, irrespective of any'irregularity there may be in the proceedings in the Recorder’s Court for the District of Cooleemee, and notwithstanding the oral testimony in attack upon the written record of that court, the Superior Court was without jurisdiction to render the judgment from which this appeal is taken, — and the judgment is Reversed.