State v. . Vickers
Supreme Court of North Carolina
Appeal by defendant from Kerr, J., at March Term, 1922, of DURHAM.
1Opinion of the Court
Wat.Ket?., J.
This is an appeal from an order of Kerr, J., made at the March Term, 1922, in proceedings for a writ of habeas corpus, by which he ordered the defendant into the custody of the sheriff of Durham County to serve a sentence of twelve months on the public roads of said county, imposed by Horton, J., at the February Term, 1921, of the Superior Court.
It is clear that no appeal lies from such an order. The defendant should have applied to this Court for a writ of certiorari. S. v. Yates, 183 N. C., 753; Ex parte McGown, 139 N. C., 95.
The judgment, as entered by Judge Horton, at…
2Cases cited12 opinions
- Schwab v. BerggrenSupreme Court of the United States · 1892
- Holden v. MinnesotaSupreme Court of the United States · 1890
- Ex Parte McCownSupreme Court of North Carolina · 1905
- State v. HardinSupreme Court of North Carolina · 1922
- Ex Parte GaffordNevada Supreme Court · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. . JacksonSupreme Court of North Carolina · 1946
- State v. . PhillipsSupreme Court of North Carolina · 1923
- People Ex Rel. Crews v. TomanIllinois Supreme Court · 1937
- State v. . SchlichterSupreme Court of North Carolina · 1927
- In Re SmithSupreme Court of North Carolina · 1940
4 more not listed; retrieve them via the Exa API.