Alcorn v. Fellows

Referring, first, to the motion to correct the finding and assignments of error based thereon. The trial court found, in paragraph three of the finding, that at the time when the judgment of fine and imprisonment was rendered the respondent, “as justice of the peace, determined to suspend the execution of said jail sentence”; and found, in paragraph six, that “it was the opinion of the respondent, as justice of the peace, that the interests of justice would be best served if the jail sentence were suspended before it actually went into execution.” No doubt the respondent testified that he…