NORTH CAROLINA GENERAL ASSEMBLY

1959 SESSION

 

 

CHAPTER 530

HOUSE BILL 764

 

 

AN ACT PROVIDING FOR THE TRANSFER OF CASES FROM THE MCDOWELL COUNTY CRIMINAL COURT TO THE SUPERIOR COURT WHEN TRIAL BY JURY IS DEMANDED.

 

The General Assembly of North Carolina do enact:

 

Section 1. That the provisions of G. S. 7-394 shall not apply to the McDowell County Criminal Court.

Sec. 2. In the trial of any case in the McDowell County Criminal Court, the Court ex mero motu, or upon demand for a jury trial by either the defendant or the prosecuting attorney representing the State, the Judge of said Court shall transfer said case to the Superior Court of McDowell County for trial, and the defendant shall execute a new bond in an amount fixed by the Judge of the Criminal Court for his appearance at the next term of the Superior Court for McDowell County.

Sec. 3. All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 4. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 14th day of May, 1959.