State v. Yates
Supreme Court of North Carolina
Appeal by defendant from Connor, J., at December Term, 1921, of New HaNoveb. Appeal by defendant from judgment on writ of habeas corpus. In October, 1919, the defendant was tried and convicted in recorder’s court of the city of Wilmington for violation of the prohibition laws, and sentenced to the roads for a term of twelve months.
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Appeal by defendant from Connor, J., at December Term, 1921, of New HaNoveb. Appeal by defendant from judgment on writ of habeas corpus. In October, 1919, the defendant was tried and convicted in recorder’s court of the city of Wilmington for violation of the prohibition laws, and sentenced to the roads for a term of twelve months. He had served about forty-two days of his term when, on 10 December, 1919, Governor Bickett granted the following “parole” : "To the sheriff of New Hanover County: “Upon the recommendation of the prosecuting attorney, the judge of the recorder’s court of New…
1Opinion of the CourtAdams, J.
In Holley’s case, Hoke, J., said: “Our statute law has made no provision for appeal from a judgment in habeas corpus proceedings, except in cases concerning the care and custody of children. Rev., 1854; C. S., 2242. Therefore, it is that when, on such a hearing a question of law or legal inference is presented, and the judgment therein involves the denial of a legal right, it may be reviewed by certiorari, under and by virtue of the power conferred on this Court by the last clause of section 8, Article IV, of our Constitution: ‘And the Court shall have power to issue any remedial writs…
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3Cited by16 opinions
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