State v. . Hatley
Supreme Court of North Carolina
PetxtioN of defendants for writ-of certiorari, heard before the Supreme Court. The petitioners allege that at Fall Term, 1891, of Stanly-Superior Court they were tried upon an indictment for keeping a disorderly house, and pleaded guilty to the charge with the understanding and agreement with the prosecutor in said cause that judgment was to be suspended upon the payment of costs; that the Solicitor for the State prayed the judgment of the Court, and the .Court thereupon…
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PetxtioN of defendants for writ-of certiorari, heard before the Supreme Court. The petitioners allege that at Fall Term, 1891, of Stanly-Superior Court they were tried upon an indictment for keeping a disorderly house, and pleaded guilty to the charge with the understanding and agreement with the prosecutor in said cause that judgment was to be suspended upon the payment of costs; that the Solicitor for the State prayed the judgment of the Court, and the .Court thereupon made the following order: “Ordered by the Court that the defendants Philip Platley and Martha Hatley be imprisoned for…
1Opinion of the CourtDavis, J.
after stating the case: It is earnestly insisted by counsel for defendants that the judgment is an alternative judgment, and as such is void.
Is it an alternative judgment? If so, the authorities are abundant to settle the question of its invalidity. Strickland v. Cox, 102 N. C., 411, and cases there cited.
The Court had no power to pass a sentence of banishment, and we think the judgment of the Court cannot be fairly construed as a judgment of banishment; if so, it would be void. The only judgment passed by the Court was that the defendants be imprisoned twelve months, and the words “but if…
2Cases cited1 opinion
- Strickland v. CoxSupreme Court of North Carolina · 1889
3Cited by15 opinions
- Ex Parte ClendenningCourt of Criminal Appeals of Oklahoma · 1908
- Maine v. SturgisSupreme Judicial Court of Maine · 1912
- Miner v. United StatesCourt of Appeals for the Third Circuit · 1917
- Morgan v. AdamsCourt of Appeals for the Eighth Circuit · 1915
- State v. DoughtieSupreme Court of North Carolina · 1953
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