State v. . Driver
Supreme Court of North Carolina
PETITION for a "Writ of Certiorari, filed by the defendant and granted at June Term, 1877, of The Supreme Court. The record states substantially; — On the 22cl of May, 1877, the defendant caused a notice to be served by the Sheriff upon the Solicitor of the District of his intention to apply for a writ of certiorari, and on the following day a •copy of his petition was likewise served.
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PETITION for a "Writ of Certiorari, filed by the defendant and granted at June Term, 1877, of The Supreme Court. The record states substantially; — On the 22cl of May, 1877, the defendant caused a notice to be served by the Sheriff upon the Solicitor of the District of his intention to apply for a writ of certiorari, and on the following day a •copy of his petition was likewise served. He stated in his petition that he had been indicted for an assault and battery upon his wife, committed in the month of June, 1876 ; that he pleaded guilty to the indictment and submitted to the judgment of the…
1Opinion of the CourtReade, J.
“ Excessive bail should not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.” Const. Art. I § 14. This is a provision in our State Constitution and in the Constitution of the United States, and is a copy of the English Dill of Rights.
The defendant was indicted for . an assault and battery upon his wife, and was convicted and sentenced to imprisonment in the County jail for the space of five years, and at the expiration thereof, to give security to keep the peace-for five years in the sum of $500 with sureties. Being unable from poverty to appeal, he files…
2Cases cited1 opinion
- State v. . MillerSupreme Court of North Carolina · 1876
3Cited by50 opinions
- Harmelin v. MichiganSupreme Court of the United States · 1991
- Klopfer v. North CarolinaSupreme Court of the United States · 1967
- Weems v. United StatesSupreme Court of the United States · 1910
- In Re LynchCalifornia Supreme Court · 1972
- State v. EvansIdaho Supreme Court · 1952
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