State v. . Walker
Supreme Court of North Carolina
Appeal by defendant from Daniels, J., at tbe December Term, 1919, of LeNOIB. Tbe defendant was convicted before tbe mayor of Kinston on a warrant charging tbat sbe “did unlawfully and wilfully violate a law of tbe State of North Carolina, No., sec., by being a vagrant,” and appealed to tbe Superior Court, where sbe was again convicted. After verdict, tbe defendant moved in arrest of judgment, and tbe solicitor for tbe State asked to be allowed to amend tbe warrant.
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Appeal by defendant from Daniels, J., at tbe December Term, 1919, of LeNOIB. Tbe defendant was convicted before tbe mayor of Kinston on a warrant charging tbat sbe “did unlawfully and wilfully violate a law of tbe State of North Carolina, No., sec., by being a vagrant,” and appealed to tbe Superior Court, where sbe was again convicted. After verdict, tbe defendant moved in arrest of judgment, and tbe solicitor for tbe State asked to be allowed to amend tbe warrant. Tbe motion to amend was allowed, but tbe amendment, which added to tbe warrant, subsec. 7 of sec. 3Y40 of the Revisal, defining…
1Opinion of the CourtAllen, J.
The sentence of imprisonment for twelve months cannot be sustained under cb. 215, Laws of 1919, an act passed for the repression of prostitution, because the punishment for all the offenses condemned in tbat act exceeds imprisonment for thirty days, or a fine of $50, and this prosecution was beard in the Superior Court on a warrant issued by the mayor, and not on appeal from the recorder’s court, nor was any indictment found by a grand jury.
It is also clear from the amendment allowed tbat the court was not proceeding under the act of 1919, as it is in the language of sec. 3740, subsec. 7, of…
2Cases cited3 opinions
- State v. . DavidsonSupreme Court of North Carolina · 1899
- State v. . MooreSupreme Court of North Carolina · 1914
- Holland's Heirs v. CrowSupreme Court of North Carolina · 1851
3Cited by7 opinions
- State v. . MorganSupreme Court of North Carolina · 1946
- State v. . FowlerSupreme Court of North Carolina · 1927
- State v. DoughtieSupreme Court of North Carolina · 1953
- State v. MillerSupreme Court of North Carolina · 1953
- State v. TenoreSupreme Court of North Carolina · 1972
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