State v. . Jones
Supreme Court of North Carolina
Appeal by defendant from Ray, J., at December Term, 1920, of Guilford. Tbe defendant was arrested upon a warrant issued from tbe municipal court of Greensboro to answer tbe charge of operating an automobile vybile intoxicated. He was found guilty and appealed, and was bound over to tbe Superior Court to answer tbe charge.
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Appeal by defendant from Ray, J., at December Term, 1920, of Guilford. Tbe defendant was arrested upon a warrant issued from tbe municipal court of Greensboro to answer tbe charge of operating an automobile vybile intoxicated. He was found guilty and appealed, and was bound over to tbe Superior Court to answer tbe charge. At the December Term of tbe Superior Court of Guilford tbe defendant in open court, through bis counsel, entered a plea of guilty, and tbe judgment was pronounced. Tbe defendant appealed, assigning as error that tbe sentence of two years on tbe public roads was cruel and…
1Opinion of the CourtClaRK, C. J.
Tbe only assignment of error is that tbe punishment was cruel and unusual; and this is tbe only proposition set out in tbe brief for tbe State and in tbe brief for tbe defendant. That point has been recently reviewed and held adversely to tbe contention of tbe defendant in S. v. Woodlief, 172 N. C., 885, where it was held, “'Where a statute leaves a punishment for its violation within tbe sound discretion of tbe trial court, tbe sentence imposed will not be reviewed by this Court on appeal where its exercise has not been grossly and palpably abused,” and there is nothing in tbe record which…
2Cases cited5 opinions
- State v. Lytle.Supreme Court of North Carolina · 1905
- State v. . CrookSupreme Court of North Carolina · 1884
- State v. ThorntonSupreme Court of North Carolina · 1904
- State v. . KoonceSupreme Court of North Carolina · 1891
- State v. . JonesSupreme Court of North Carolina · 1907
3Cited by7 opinions
- State v. ThomasSupreme Court of North Carolina · 1952
- State v. . FlemingSupreme Court of North Carolina · 1932
- State v. . BoykinSupreme Court of North Carolina · 1937
- State v. . JohnsonSupreme Court of North Carolina · 1938
- State v. ThomasSupreme Court of North Carolina · 1952
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