State v. . Barbee

Our Constitution, Article I, section 16, provides that there shall be no imprisonment for debt except in cases of fraud, and the authoritative cases construing this and other like sections here and elsewhere are to the effect that the inhibition extends to imprisonment for the mere nonpayment of a debt either in a civil action or by indictment involving the power to imprison. Minton v. Early, 183 N. C., 200; S. v. McRae, 170 N. C., 712; S. v. Griffin, 154 N. C., 611; S. v. Williams, 150 N. C., 802; Bailey v. State of Alabama, 219 U. S., 219.

The statute under which the indictment is drawn, C.…