Legal Opinion
State v. Doughtie
Supreme Court of North Carolina
Decided March 18, 1953No. 73PublishedCited by 19 opinions
1Opinion of the CourtParker, J.
In North Carolina a court has no power to pass a sentence of banishment; and if it does so, the sentence is void. This is the general rule in American Courts. S. v. Hatley, 110 N.C. 522, 14 S.E. 751.
“In the states of the United States, a sentence banishing one convicted of crime from the state is generally held to be beyond the power of the court. It is impliedly prohibited by public policy.” 15 Am. Jur., Criminal Law, Sec. 453. To the same effect, People v. Baum, 251 Mich. 187, 231 N.W. 95, 70 A.L.R. 98; S. v. Baker, 58 S.C. 111, 36 S.E. 501. See also People v. Lopez, 81 Cal. App. 199, 253…
2Cases cited27 opinions
- State v. . GregorySupreme Court of North Carolina · 1943
- In Re DeatonSupreme Court of North Carolina · 1890
- State v. GregorySupreme Court of North Carolina · 1943
- State v. . MillerSupreme Court of North Carolina · 1945
- People v. BaumMichigan Supreme Court · 1930
22 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Commonwealth v. PikeMassachusetts Supreme Judicial Court · 1998
- United States v. Vito M. PastoreCourt of Appeals for the Second Circuit · 1976
- Bird v. StateCourt of Appeals of Maryland · 1963
- State v. CaudleSupreme Court of North Carolina · 1970
- State v. CharltonNew Mexico Court of Appeals · 1992
14 more not listed; retrieve them via the Exa API.