Legal Opinion · Concurrence

State v. Hardin

Supreme Court of North Carolina

Decided June 2, 1922Published

Appeal by defendant from Kerr, J., at November Term, 1921, of ROBESON. On the bearing it was made to appear that, at July criminal term preceding, defendant was convicted or submitted to an indictment charging bim and three others with the crime of assault with intent to kill one Burnett.

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Appeal by defendant from Kerr, J., at November Term, 1921, of ROBESON. On the bearing it was made to appear that, at July criminal term preceding, defendant was convicted or submitted to an indictment charging bim and three others with the crime of assault with intent to kill one Burnett. At said July term the following entries appeared upon ■the record: “With the consent of the solicitor, all the defendants, including the defendant Hardin, submitted to the crime of assault with a deadly weapon. 'Whereupon prayer for judgment was continued upon the payment of the cost, the defendant agreeing…

1Concurrence

Clare, C. J.,

concurs in the body of the opinion of the court, but dissents from the conclusion. In this cause the defendant 'having been convicted by a jury, at July Criminal Term, 1921, of the Superior Court of Robeson, of the crime of assault with a deadly weapon, with intent to kill,-by the consent of the solicitor and the defendant an entry was made in the cause as follows: “Prayer for judgment continued by consent upon payment of costs; defendant to appear at each criminal term of this court for two years and show that he has been of good behavior and not violated the law in any respect!’

2Cases cited2 opinions

  1. State v. . GreerSupreme Court of North Carolina · 1917
  2. State v. . HicksSupreme Court of North Carolina · 1920

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