Green v. Commonwealth

Easter Green was convicted in the Circuit Court of Mecklenburg county of the illegal possession of whiskey and her *620punishment fixed by a jury at a fine of $50.00 and confinement in jail for ninety days.

The accused had been convicted before the trial justice of the county and her punishment, fixed by him, was the same as that later fixed by the jury.

There appeared on the back of the warrant, the following, which had been written there by the trial justice: “Plea of not guilty, $50.00 fine and costs and 90 days in jail. 5-7-37.” Just before the jury retired to consider of its verdict, counsel…