State v. . Whitt
Supreme Court of North Carolina
The defendant was found guilty of embezzlement at November Term, 1894, of the Inferior Court of MadisoN county, and was sentenced to five years in the county jail of Madison, to be worked on the public roads, pursuant to the statutes in such cases provided.
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The defendant was found guilty of embezzlement at November Term, 1894, of the Inferior Court of MadisoN county, and was sentenced to five years in the county jail of Madison, to be worked on the public roads, pursuant to the statutes in such cases provided. During the term of the said court, after an imprisonment of six days, at the suggestion of the solicitor, counsel for the prosecution, the defendant was brought into court and agreed to pay the prosecutor, his sister, the amount which he had embezzled from her, and the costs of the case. Thereupon, the court ordered the clerk to make the…
1Opinion of the Court
MONTGOMERY, J.:
The case of State v. Warren, 92 N. C., 825, upon which the counsel for defendant chiefly relied, was, we think, not like the case before us. There, the judgment of the court was that defendant be confined for 12 months in the county jail, and he had entered upon the term of imprisonment. During the same Term of the court, upon defendant’s paying the cost of the prosecution and also certain other costs in other matters against him which he really did not owe, and upon his further entering into bond to keep the peace and also to keep sober, the judgment was suspended and he was…
2Cases cited2 opinions
- State v. . CrookSupreme Court of North Carolina · 1894
- State v. . WarrenSupreme Court of North Carolina · 1885
3Cited by14 opinions
- Neal v. StateSupreme Court of Georgia · 1898
- State v. EverittSupreme Court of North Carolina · 1913
- State v. CaudleSupreme Court of North Carolina · 1970
- Ex parte BuggMissouri Court of Appeals · 1912
- Miner v. United StatesCourt of Appeals for the Third Circuit · 1917
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