State v. . Cardwell
Supreme Court of North Carolina
This was an appeal from the judgment of MacRae, Judge, at Fall Term, 1886, of Wilkes Superior Court. The prisoner was charged with and convicted of having committed rape upon his daughter, Louisa Cardwell, at April Term, 1886, of Wilkes Superior Court, and sentenced to death.
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This was an appeal from the judgment of MacRae, Judge, at Fall Term, 1886, of Wilkes Superior Court. The prisoner was charged with and convicted of having committed rape upon his daughter, Louisa Cardwell, at April Term, 1886, of Wilkes Superior Court, and sentenced to death. The judgment pronounced directed the sheriff to confine the prisoner in the common jail until Thursda,y, the 17th of June next thereafter, and on that day, between the hours often in the morning and two in the afternoon, to remove him thence to the place of execution provided by law, and there to hang him by the neck…
1Opinion of the CourtSmith, C. J.
(after stating the case). We have not had the benefit of an argument for the prisoner in support of his claim to a discharge, nor does any reason suggest itself to us why it should be allowed, or why the judgment, frustrated by his escape and being at large when it should have been enforced, should not be again pronounced.
The effect of the executive interposition was only to substitute a later day for the execution than that appointed by the Judge. Had the prisoner been in the hands of the sheriff, and hung on the 30th day of July, the act would be by virtue of the sentence of the law…
2Cited by8 opinions
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- Commonwealth v. HillSupreme Court of Pennsylvania · 1898
- Ex parte GivinsDistrict Court, N.D. Georgia · 1920
- State v. . VickersSupreme Court of North Carolina · 1922
- State v. MillerSupreme Court of Kansas · 1950
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