NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 28

HOUSE BILL 28

 

 

AN ACT TO AMEND CHAPTER 564, PUBLIC-LOCAL LAWS OF 1913, SO AS TO ABOLISH TRIAL BY JURY IN CRIMINAL CASES IN THE RECORDER'S COURT IN RUTHERFORD COUNTY.

 

 

The General Assembly of North Carolina do enact:

 

Section 1. Section 8 of Chapter 564, Public-Local Laws of 1913, as amended by Chapter 264, Public-Local and Private Laws of 1939, is hereby amended by rewriting the first sentence thereof to read as follows: "The plaintiff or defendant in all civil actions in said court may demand and have a trial by jury."

Sec. 2. Section 8 of Chapter 564, Public-Local Laws of 1913, as amended by Chapter 264, Public-Local and Private Laws of 1939, is further amended by adding at the end thereof a new paragraph, to read as follows:

"There shall be no trial by jury in criminal actions in said court, but upon written demand for a jury trial by either the defendant or the prosecuting attorney, the action shall be transferred to the Superior Court of Rutherford County where the defendant shall be tried upon indictment only."

Sec. 3. All laws and clauses of laws in conflict with this Act are hereby repealed.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 8th day of March, 1967.