State v. McKinney

Supreme Court of North Carolina

State v. McKinney

111 S.E.2d 189, 251 N.C. 346, 1959 N.C. LEXIS 560

CourtSupreme Court of North Carolina

DecidedDecember 2, 1959

StatusPublished

Cited by1 cases

This text of 111 S.E.2d 189 (State v. McKinney) 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. McKinney, 111 S.E.2d 189, 251 N.C. 346, 1959 N.C. LEXIS 560 (N.C. 1959).

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Opinion

PeR Cueiam.

On August 14, 1958, in a criminal prosecution in the Municipal-County Court of Greensboro, defendant was found guilty of the unlawful possession of whiskey for the purpose of sale; and a prison sentence of twelve months, imposed by the court’s judgment, was suspended upon the condition, inter alia, that defendant “shall not have in his possession any type of alcoholic beverage unless prescribed by a physician for personal consumption for a period of Five (5) years.” Later, the said municipal-county court and. also Judge Crissman, after de novo hearing on defendant’s appeal as provided by G.S. 15-200.1, found as a fact that defendant on November 22, 1958, violated said condition on which the prison sentence was suspended and ordered that defendant serve said prison sentence.

Defendant’s appeal to this Court is without merit. The evidence heard by Judge Crissman was sufficient to support his findings of fact and these findings of fact are sufficient to support his judgment.

Affirmed.

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PeR Cueiam.

On August 14, 1958, in a criminal prosecution in the Municipal-County Court of Greensboro, defendant was found guilty of the unlawful possession of whiskey for the purpose of sale; and a prison sentence of twelve months, imposed by the court’s judgment, was suspended upon the condition, inter alia, that defendant “shall not have in his possession any type of alcoholic beverage unless prescribed by a physician for personal consumption for a period of Five (5) years.” Later, the said municipal-county court and. also Judge Crissman, after de novo hearing on defendant’s appeal as provided by G.S. 15-200.1, found as a fact that defendant on November 22, 1958, violated said condition on which the prison sentence was suspended and ordered that defendant serve said prison sentence.

Defendant’s appeal to this Court is without merit. The evidence heard by Judge Crissman was sufficient to support his findings of fact and these findings of fact are sufficient to support his judgment.

Affirmed.

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Bluebook (online)

111 S.E.2d 189, 251 N.C. 346, 1959 N.C. LEXIS 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mckinney-nc-1959.

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