State v. . Burton
Supreme Court of North Carolina
The defendant James Burton was tried, on appeal from a Justice’s judgment, at the February Term, 1893, of the Superior Court of VaNCe County, before Shuford, J., and a jury, on a proceeding in bastardy, and the issue was found against him, and, upon judgment being pronounced against him by -his Honor, he was, on motion of the Solicitor, placed in the custody of the Sheriff, by whom he was, on failure to comply with the order of the Court aforesaid, committed to the common…
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The defendant James Burton was tried, on appeal from a Justice’s judgment, at the February Term, 1893, of the Superior Court of VaNCe County, before Shuford, J., and a jury, on a proceeding in bastardy, and the issue was found against him, and, upon judgment being pronounced against him by -his Honor, he was, on motion of the Solicitor, placed in the custody of the Sheriff, by whom he was, on failure to comply with the order of the Court aforesaid, committed to the common jail of Vance County, whence he was regularly discharged, by order of the Clerk, March 13, 1893, under the provisions of…
1Opinion of the Court
Avery, J.:
Upon conviction at the February Term, the Court had pow.er to “sentence” the defendant either to prison, or if the county authorities had established a house of correction, to hard labor therein, in addition to the judgment pronounced against him, which imposed the payment of the usual fine and allowance. This conclusion is inevitable if we construe the two sections (The Code, §§ 35 and 38) relating to the judgment iu bastardy cases together, and give effect to both, as a familiar rule of construction requires us to do. Instead of imposing the additional judgment of imprisonment in…
2Cases cited13 opinions
- State v. . EdwardsSupreme Court of North Carolina · 1892
- State v. . CannadySupreme Court of North Carolina · 1878
- State v. . PeeplesSupreme Court of North Carolina · 1891
- State v. . RogersSupreme Court of North Carolina · 1878
- State Ex Rel. Biggs v. BennettSupreme Court of North Carolina · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. . CrookSupreme Court of North Carolina · 1894
- State v. . MitchellSupreme Court of North Carolina · 1896
- State v. . AddingtonSupreme Court of North Carolina · 1907
- State v. . OstwaltSupreme Court of North Carolina · 1896
- Myers v. . StaffordSupreme Court of North Carolina · 1894
14 more not listed; retrieve them via the Exa API.