Legal Opinion

State v. Guffey

Supreme Court of North Carolina

Decided September 21, 1960No. 2PublishedCited by 35 opinions

1Opinion of the CourtDenny, J.

There is no contention that the defendant violated the terms upon which her sentence was suspended on 2 January 1959 in any respect, except in connection with the charge that on 16 June 1959 she had in her possession a quantity of nontaxpaid liquor for the purpose of sale.

It is the general rule that when judgment is suspended in a criminal action upon good behavior or other conditions, the proceedings to ascertain whether or not the conditions have been violated are addressed to the sound discretion of the judge and do not come within the jury’s province. The findings of the judge, if…

2Cases cited12 opinions

  1. State v. EverittSupreme Court of North Carolina · 1913
  2. State v. HardinSupreme Court of North Carolina · 1922
  3. State v. . HardinSupreme Court of North Carolina · 1922
  4. State v. . PelleySupreme Court of North Carolina · 1942
  5. State v. . GreerSupreme Court of North Carolina · 1917

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

3Cited by35 opinions

  1. State v. CoffeySupreme Court of North Carolina · 1961
  2. State v. YoungCourt of Appeals of North Carolina · 2008
  3. Dean v. StateCourt of Appeals of Maryland · 1981
  4. State v. TennantCourt of Appeals of North Carolina · 2000
  5. Sigman v. WhyteWest Virginia Supreme Court · 1980

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

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