State v. Everitt
Supreme Court of North Carolina
Appeal by .defendant from Qline, J-, at March Term, 1913, of Edgecombe. The defendant was indicted in three cases for unlawfully selling liquor, and pleaded guilty to each indictment at September Term, 1911. Judgment was prayed by the solicitor, and the court adjudged that defendant pay a fine of $150 and the costs in the first case, suspended judgment on payment of the costs in the second, and entered the following-; order in the third: “It is ordered that judgment be…
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Appeal by .defendant from Qline, J-, at March Term, 1913, of Edgecombe. The defendant was indicted in three cases for unlawfully selling liquor, and pleaded guilty to each indictment at September Term, 1911. Judgment was prayed by the solicitor, and the court adjudged that defendant pay a fine of $150 and the costs in the first case, suspended judgment on payment of the costs in the second, and entered the following-; order in the third: “It is ordered that judgment be suspended on the payment of costs, and further, that the defendant enter into a bond in the sum of $200 for his appearance at…
1Opinion of the Court
Walker, J.,
after stating tbe case: Tbe practice of suspending judgment upon convictions in criminal cases and upon reasonable terms has so long prevailed in our courts that we would be loath to disturb it, except for tbe most convincing reason, supported by the clearest authority showing its illegality. We are satisfied, after tbe most careful examination of tbe question, that no such reason can- be presented, and that no such precedent can be found. Recent decisions of this Court are strongly in favor of tbe power as existing in tbe court, when it is fairly and not unreasonably or…
2Cases cited9 opinions
- People Ex Rel. Forsyth v. . Court of SessionsNew York Court of Appeals · 1894
- Commonwealth v. John Dowdican's BailMassachusetts Supreme Judicial Court · 1874
- State v. . CrookSupreme Court of North Carolina · 1894
- Commonwealth v. MaloneyMassachusetts Supreme Judicial Court · 1887
- State v. . HiltonSupreme Court of North Carolina · 1909
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3Cited by63 opinions
- Anderson v. AlexanderOregon Supreme Court · 1951
- Slayton v. CommonwealthSupreme Court of Virginia · 1946
- State v. RobinsonSupreme Court of North Carolina · 1958
- State v. . MillerSupreme Court of North Carolina · 1945
- State v. HardinSupreme Court of North Carolina · 1922
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