State v. . Pearson
Supreme Court of North Carolina
MotioN in behalf of the defendant who had been sentenced to jail at Pall Term, 1887, of the Superior Court of Burke, heard before Merrimon, J., at Spring Term, 1888, of said Court. At the Fall Term of 1887, of the Superior Court of said county, the appellant was convicted of an affray and sentenced “ to be imprisoned in the common jail of Burke County, for twelve months, and be discharged upon payment of costs;” and he was in execution.
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MotioN in behalf of the defendant who had been sentenced to jail at Pall Term, 1887, of the Superior Court of Burke, heard before Merrimon, J., at Spring Term, 1888, of said Court. At the Fall Term of 1887, of the Superior Court of said county, the appellant was convicted of an affray and sentenced “ to be imprisoned in the common jail of Burke County, for twelve months, and be discharged upon payment of costs;” and he was in execution. At the Spring Term, 1888, of the same Court, he made application to the Court to be allowed the benefit of “prison bounds,” or to be hired at labor, etc., and…
1Opinion of the Court
MbkrimoN, J.,
(after stating the facts.) It is clear that the Court, to whom the application was made, had no authority to make an order authorizing the County Commissioners “ to farm out ” the appellant as allowed by the statute (The Code, § 3448,) because the proviso of the section cited, expressly provides that “ it shall not be lawful to farm out any such convicted person, who may be imprisoned for the non-payment of a fine, or as punishment imposed for the offence of which he may have been convicted, unless the Court, before whom the trial is had, shall in its judgment so authorize.” It…
2Cases cited2 opinions
- State v. JohnsonSupreme Court of North Carolina · 1886
- State v. . NorwoodSupreme Court of North Carolina · 1885
3Cited by2 opinions
- State v. Young.Supreme Court of North Carolina · 1905
- Wynn v. . BuckettSuperior Court of North Carolina · 1798