Legal Opinion

State v. . Godwin

Supreme Court of North Carolina

Decided September 23, 1936PublishedCited by 29 opinions

1Opinion of the CourtDevin, J.

The defendant has abandoned all other exceptions save the one with respect to the final judgment, and presents the single question'as to the power of the court to change the original judgment and impose a longer prison sentence.

The general power of the court over its own judgments, orders, and decrees in both civil and criminal eases, during the existence of the term at which, they are first made, is undeniable. Ex parte Lange, 18 Wall., 163.

Until the expiration of the term the orders and judgments of the court are in fieri, and the judge has power, in his discretion, to make such changes and…

2Cases cited7 opinions

  1. Ex Parte LangeSupreme Court of the United States · 1874
  2. State v. . CrookSupreme Court of North Carolina · 1894
  3. State v. . WarrenSupreme Court of North Carolina · 1885
  4. In Re BrittainSupreme Court of North Carolina · 1885
  5. Cook v. Western Union Telegraph Co.Supreme Court of North Carolina · 1909

2 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Bacon v. LeeCourt of Appeals for the Fourth Circuit · 2000
  2. State v. PartlowSupreme Court of North Carolina · 1967
  3. Hoke v. Atlantic Greyhound Corp.Supreme Court of North Carolina · 1947
  4. Chriscoe v. ChriscoeSupreme Court of North Carolina · 1966
  5. Southeastern Fire Insurance Company v. WaltonSupreme Court of North Carolina · 1962

24 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API