State v. Conly
Supreme Court of North Carolina
IwdictmeNT against Archie Oonly, heard by Judge A. L. Coble and a jury, at November Term, 1901, of the Superior Court of RowaN County. Erom a verdict of guilty of murder in the first degree and judgment thereon, the defendant appealed.
1Opinion of the CourtClark, J.
There was no error in refusing a motion in arrest of judgment, because the sentence of death had been prayed by counsel associated with the Solicitor, instead of by the Solicitor himself, who had been called off. The prayer for judgment is a purely formal matter, and the Judge can pass sentence whether it is prayed for or not. The Solio- itor acts under the control of the Court, and has no pow to discharge a defendant or enter a nol. pros, before judgme without leave of the Court. State v. Moody, 69 N. C., 52 Of course he could not have that power after verdict, sharpy refusing to pray…
2Cases cited2 opinions
- State v. CameronSupreme Court of North Carolina · 1897
- Moore v. . Shields .Supreme Court of North Carolina · 1873
3Cited by11 opinions
- State v. Exum.Supreme Court of North Carolina · 1905
- State v. FurmageSupreme Court of North Carolina · 1959
- State v. WoodSupreme Court of North Carolina · 1918
- State v. Daniel.Supreme Court of North Carolina · 1905
- State v. . JonesSupreme Court of North Carolina · 1907
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