State v. . Allen , 10 N.C. 614 ( 1825 )

Taylor, Chief Justice,

delivered the opinion of the Court.

The principal question in this case, whether the Superior Courts have jurisdiction of the offence charged against the prisoner, was decided at the last term in the State v. Adam; and it was then considered that the County Court alone could take original cognizance of the of-fence. If the slave is charged with the second offence so as to incur the punishment of death under the act, it ought to be so stated in the indictment, that it might appear on the face of the record that the court had jurisdiction. At present the indictment discloses a criminal charge, which is confined expressly to the County Courts. The judgment must be affirmed.