In Re Croom
Supreme Court of North Carolina
Tbis is a petition for a certiorari, in lieu of an appeal, to review a judgment of Lyon, J., on a writ of hateas corpus, refusing to discharge tbe defendant from custody.
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Tbis is a petition for a certiorari, in lieu of an appeal, to review a judgment of Lyon, J., on a writ of hateas corpus, refusing to discharge tbe defendant from custody. Tbe facts set forth in tbe petition are as follows: 1. At January Term, 1915, of tbe Superior Court of Pender, tbe petitioner, Lee Groom, entered a plea of guilty to an indictment charging him with an assault with a deadly weapon, and be was sentenced to a term of imprisonment of sis months in jail and assigned to work on tbe public roads of Sampson County, capias to issue on 15 February, 1915. 2. Tbe capias was issued on…
1Opinion of the Court
AlleN, J.'
His Honor held correctly that an appeal would not lie from his judgment refusing to discharge the defendant from custody (In re Holley, 154 N. C., 163), and the remedy, if any, is by a petition for a writ of certiorari, which is addressed to the sound discretion of the Court. Ice Co. v. R. R., 125 N. C., 17.
If this was not the rule, the criminal law could not be administered, and it would be with difficulty that any judgment of imprisonment could be executed', as the writ of habeas corpus always issues when legally applied for, because the statute (Revisal, sec. 1828) subjects a…
2Cases cited4 opinions
- In Re SwanSupreme Court of the United States · 1893
- Ex Parte McCownSupreme Court of North Carolina · 1905
- In Re HolleySupreme Court of North Carolina · 1910
- In Re SchenckSupreme Court of North Carolina · 1876
3Cited by21 opinions
- State v. LewisSupreme Court of North Carolina · 1968
- In Re HayesSupreme Court of North Carolina · 1931
- State v. . EdwardsSupreme Court of North Carolina · 1926
- State v. LedbetterSupreme Court of North Carolina · 2018
- In Re SteeleSupreme Court of North Carolina · 1942
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