Legal Opinion
State v. Caudle
Supreme Court of North Carolina
Decided May 13, 1970No. 42PublishedCited by 34 opinions
1Opinion of the CourtLake, J.
The record presents this-question: Assuming the failure of the defendant to make the payments to the bank was wilful and without lawful excuse, may the sentence to jail be placed into effect for this failure? We hold that it may not.
The Constitution of North Carolina, Article I, § 16, provides, “There shall be no imprisonment for debt in this State, except in cases of fraud.” The defendant, charged with the use of a revoked bank credit card with intent to defraud the bank, entered a plea of guilty. Nothing else appearing, the foregoing provision of the Constitution would not prevent his…
2Cases cited17 opinions
- State v. HewettSupreme Court of North Carolina · 1967
- State v. DuncanSupreme Court of North Carolina · 1967
- State v. RobinsonSupreme Court of North Carolina · 1958
- State v. . MillerSupreme Court of North Carolina · 1945
- State v. . HiltonSupreme Court of North Carolina · 1909
12 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Walczak v. StateCourt of Appeals of Maryland · 1985
- Cumhuriyet v. PeopleSupreme Court of Colorado · 1980
- Dorothy M. Alexander v. Walter T. Johnson Jane G. Greenlee Joy J. Johnson Wymene Valand Henry W. Oxedine James WoodwardCourt of Appeals for the Fourth Circuit · 1984
- State v. LivingstonOhio Court of Appeals · 1976
- State v. BraswellSupreme Court of North Carolina · 1973
29 more not listed; retrieve them via the Exa API.