State v. . Mooney
Supreme Court of North Carolina
This was a MotioN, by th'e Solicitor, for a rule on the de•fendant to show cause why execution, should not issue against him for the cost in State v. a olphv* Muom-y, tried at Spring Term, 1875. The motion was heard before Sc truel-, J., at •Fall Term, 1875, of RdtzíerfoRD Superior Court. The facts necessary to an understanding .of the case, as decided in this ■court, are fully stated in the opinion of Justice Bynum.
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This was a MotioN, by th'e Solicitor, for a rule on the de•fendant to show cause why execution, should not issue against him for the cost in State v. a olphv* Muom-y, tried at Spring Term, 1875. The motion was heard before Sc truel-, J., at •Fall Term, 1875, of RdtzíerfoRD Superior Court. The facts necessary to an understanding .of the case, as decided in this ■court, are fully stated in the opinion of Justice Bynum. There was .judgment against the defendant, whereupon an appeal was craved and granted.
1Opinion of the CourtBynum, J.
At the Spring Term, 1875, of the Superior ' Court of Rutherford county, the defendant, Mooney, was indicted, submitted for an assault and battery upon Elias Carrier, and was by the court sentenced to one month’s imprisonment in the county jail, and judgment was given against him for the costs of the prosecution. Before his term of confinement had expired, the defendant obtained an unconditional pardon'from the Governor of the State, and was discharged from jail without having paid the costs. At the instance of the Solicitor, a rule was taken on the defendant, returnable to the next term, to…
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