Legal Opinion

State v. . Tripp

Supreme Court of North Carolina

Decided December 2, 1914PublishedCited by 38 opinions

Appeal by defendant from Rountree, J., at August Term, 1914, of Dubham. Criminal action. On tbe bearing it was made to appear that on 22 December, 1913, defendant was convicted in two cases in recorder’s court of Durham, on warrants charging him with unlawfully selling spirituous liquors. In one case he was sentenced to pay a fine of $100 and costs, which was complied with.

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Appeal by defendant from Rountree, J., at August Term, 1914, of Dubham. Criminal action. On tbe bearing it was made to appear that on 22 December, 1913, defendant was convicted in two cases in recorder’s court of Durham, on warrants charging him with unlawfully selling spirituous liquors. In one case he was sentenced to pay a fine of $100 and costs, which was complied with. In the second case the following entry was made: “The defendant comes into court and pleads not guilty. After hearing the evidence in this case it is adjudged that the defendant is guilty, and the judgment is suspended,…

1Opinion of the Court

Hoke, J.,

after stating tbe case: Tbe power of a court, having jurisdiction, to suspend judgment on conviction in a criminal case for determinate periods and for a reasonable length of time has been recognized and upheld in several decisions of our Court, as in S. v. Everett, 164. N. C., 399; S. v. Hilton, 151 N. C., 687; S. v. Crook, 115 N. C., pp. 760, etc., and we see no good reason why it should not be intrusted to tbe sound discretion of these municipal courts.

It may be well to note that, while it has been sanctioned in this State to a somewhat greater extent than it existed at common…

2Cases cited5 opinions

  1. State v. HymanSupreme Court of North Carolina · 1913
  2. State v. . HiltonSupreme Court of North Carolina · 1909
  3. State v. . McGimseySupreme Court of North Carolina · 1879
  4. State v. . GriffisSupreme Court of North Carolina · 1895
  5. State v. . LockeSupreme Court of North Carolina · 1882

3Cited by38 opinions

  1. State v. . AndersonSupreme Court of North Carolina · 1935
  2. State v. . MooreSupreme Court of North Carolina · 1936
  3. State v. . MillerSupreme Court of North Carolina · 1945
  4. State v. AndersonSupreme Court of North Carolina · 1935
  5. State v. HardinSupreme Court of North Carolina · 1922

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