State v. . Cagle

Supreme Court of North Carolina

State v. . Cagle

19 S.E.2d 134, 221 N.C. 131, 1942 N.C. LEXIS 409

DecidedMarch 18, 1942

StatusPublished

This text of 19 S.E.2d 134 (State v. . Cagle) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Cagle, 19 S.E.2d 134, 221 N.C. 131, 1942 N.C. LEXIS 409 (N.C. 1942).

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Opinion

The record on appeal shows (1) that defendant having pleaded "guilty to the crime of violation of prohibition law and possession of liquor for sale," Armstrong, Judge presiding at March Term, 1940, of Henderson County Superior Court, suspended a jail sentence imposed upon her therefor, and placed her on probation for a period of three years upon specified conditions, including these, that she "avoid persons and places of disreputable or harmful character" and that she "violate no State or Federal penal laws"; (2) that at October Term, 1940, of said court defendant pleaded guilty to violating the prohibition laws, and was sentenced by Bobbitt, Judge presiding, to a term in jail; and (3) that at October Term, 1941, upon motion, Nettles, Judge presiding, finding as facts that defendant had violated the "terms and provisions" of the "suspended sentence imposed at March Term, 1940," among others those named above, ordered the jail sentence into full force and effect and, in accordance therewith, ordered commitment of defendant.

Defendant appeals therefrom to Supreme Court and assigns error. The findings of fact, upon which the judgment from which appeal is taken is founded, are supported by sufficient evidence and are sufficient to support the judgment. See S. v. Hardin, 183 N.C. 815, 112 S.E. 593.

Affirmed. *Page 132

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The record on appeal shows (1) that defendant having pleaded "guilty to the crime of violation of prohibition law and possession of liquor for sale," Armstrong, Judge presiding at March Term, 1940, of Henderson County Superior Court, suspended a jail sentence imposed upon her therefor, and placed her on probation for a period of three years upon specified conditions, including these, that she "avoid persons and places of disreputable or harmful character" and that she "violate no State or Federal penal laws"; (2) that at October Term, 1940, of said court defendant pleaded guilty to violating the prohibition laws, and was sentenced by Bobbitt, Judge presiding, to a term in jail; and (3) that at October Term, 1941, upon motion, Nettles, Judge presiding, finding as facts that defendant had violated the "terms and provisions" of the "suspended sentence imposed at March Term, 1940," among others those named above, ordered the jail sentence into full force and effect and, in accordance therewith, ordered commitment of defendant.

Defendant appeals therefrom to Supreme Court and assigns error. The findings of fact, upon which the judgment from which appeal is taken is founded, are supported by sufficient evidence and are sufficient to support the judgment. See S. v. Hardin, 183 N.C. 815, 112 S.E. 593.

Affirmed. *Page 132

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Bluebook (online)

19 S.E.2d 134, 221 N.C. 131, 1942 N.C. LEXIS 409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cagle-nc-1942.

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