State v. Farrington.

53 S.E. 954, 141 N.C. 844, 1906 N.C. LEXIS 172

• Court: Supreme Court of North Carolina
• Decided: May 16, 1906
• Status: Published

Opinion

Connor, J.,

after stating the facts: It cannot, at 'this time, and in view of the many decisions of this court, be regarded as an open question that for violation of the statute prohibiting the sale of spirituous liquor without a license the person convicted may be imprisoned in the county jail with direction that he be worked upon the public roads. State v. Hicks, 101 N. C., 747; State v. Smith, 126 N. C., 1057. It is equally well settled that when no time is fixed by the statute, this court will not hold an imprisonment for two years cruel and unusual. State v. Driver, 78 N. C., 423; State v. Miller, 94 N. C., 904. It is entirely proper for His Honor to state the reasons which impelled him to impose the sentence of twelve months in jail with direction to work defendant on the public roads. While we disclaim any purpose to review His Honor’s judgment in this case, it may not be improper to say that we think the reasons given amply sustain the judgment.

There is

No Error.