State v. . Webb

Supreme Court of North Carolina

State v. . Webb

183 S.E. 367, 209 N.C. 302, 1936 N.C. LEXIS 467

CourtSupreme Court of North Carolina

DecidedJanuary 22, 1936

StatusPublished

Cited by2 cases

This text of 183 S.E. 367 (State v. . Webb) 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. . Webb, 183 S.E. 367, 209 N.C. 302, 1936 N.C. LEXIS 467 (N.C. 1936).

Pincite

Opinion

Stacy, C. J.

As the defendant neither sought nor accepted the indulgence and forbearance of the court, it was error to withhold final judgment, or some judgment in its nature final, so that the defendant might test the validity of the trial by appeal. Such was the holding in S. v. Burgess, 192 N. C., 668, 135 S. E., 771. Hence, on authority of the Burgess case, supra, the cause will be remanded for judgment. Compare S. v. Anderson, 208 N. C., 771; S. v. Rooks, 207 N. C., 275, 176 S. E., 752.

Error and remanded.

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Stacy, C. J.

As the defendant neither sought nor accepted the indulgence and forbearance of the court, it was error to withhold final judgment, or some judgment in its nature final, so that the defendant might test the validity of the trial by appeal. Such was the holding in S. v. Burgess, 192 N. C., 668, 135 S. E., 771. Hence, on authority of the Burgess case, supra, the cause will be remanded for judgment. Compare S. v. Anderson, 208 N. C., 771; S. v. Rooks, 207 N. C., 275, 176 S. E., 752.

Error and remanded.

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Bluebook (online)

183 S.E. 367, 209 N.C. 302, 1936 N.C. LEXIS 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-webb-nc-1936.

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