Legal Opinion

In Re Swink

Supreme Court of North Carolina

Decided November 9, 1955No. 434PublishedCited by 17 opinions

1Opinion of the CourtBobbitt, J.

A valid judgment of a court of competent jurisdiction is the real and only authority for the lawful imprisonment of a person who pleads or is found guilty of a criminal offense. Hence, we must look to the judgments to determine the lawfulness of petitioner’s present imprisonment. The purpose of a commitment is to advise the prison authorities of the provisions of the judgment. Since a commitment has no validity except that derived from the judgment, to the extent it fails to set forth or certify the judgment accurately the commitment is void and the judgment itself controls. 15 Am. Jur.,…

2Cases cited3 opinions

  1. In Re ParkerSupreme Court of North Carolina · 1945
  2. State v. SmithSupreme Court of North Carolina · 1952
  3. Ex Parte BentleySupreme Court of North Carolina · 1954

3Cited by17 opinions

  1. In Re BurtonSupreme Court of North Carolina · 1962
  2. Jernigan v. StateSupreme Court of North Carolina · 1971
  3. Robinson v. LeeCourt of Appeals of Maryland · 1989
  4. State v. WeaverSupreme Court of North Carolina · 1965
  5. State v. NelsonOregon Supreme Court · 1967

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