State v. Branch

• Decision Date: 21 November 1934
• Docket Number: No. 364.,364.
• Citation: 207 N. C. 415,177 S.E. 14
• Parties: STATE. v. BRANCH et al.
• Court: North Carolina Supreme Court

177 S.E. 14

207 N. C. 415

STATE.

v.BRANCH et al.

No. 364.

Supreme Court of North Carolina.

Nov. 21, 1934.

Appeal from Superior Court, Cabarrus County; Stack, Judge.

Proceeding for forfeiture of bond by the State against Marvin Branch and another. Judgment for the State, and defendants appeal.

Error.

At the August term, 1933, Marvin Branch was tried in the superior court on charges of abandonment and nonsupport. He pleaded guilty of nonsupport of his children, "which plea was accepted by the State." The prayer for judgment was continued for two years upon condition that the defendant pay the cost, and the further condition that he pay the sum of $20 per month for the support of his two children, payable to the clerk of the court of Cabarrus county on or before the first day of each month for a period of two years; and upon the further condition "that he pay $20.00 of the cost at this term, and give bond to secure the balance to be paid at the October Term of Court 1933." Thereupon a bond was given in the sum of $300, signed by R. T. Sides as surety. This bond provided that Marvin Branch "shall makehis personal appearance at the next term of this court and pay the cost of the court and $20.00 per month for the support of same. * * * This bond is to insure payment of above." At the October term, 1933, the defendant Branch was sentenced to work the roads for a period of four months. Thereafter at the January term, 1934, the records show the following entry: "Order restored on motion of solicitor." Subsequently at the April term, 1934, the following entry was made in the case, to wit:

"At this term on motion of counsel for the State the defendant was discharged and the cause transferred to the sci. fa. docket. Motion for sci. fa. against the defendant and surety on his bond is allowed. Sci. fa. to issue.

"The court finds as a fact from information furnished him by counsel for the State, counsel for the defendant and the Clerk, that the defendant has never been called out or failed to appear here at any term since this case has been pending in the Superior Court."

Accordingly, a sci. fa. was issued to the surety, Sides, reciting a judgment nisi for $300 at the March term, 1934, in favor of the state and against Marvin Branch and his surety, R. T. Sides, "according to the provision of the act of the General Assembly, concerning bail, for the personal appearance at said term of our court of said Marvin Branch in the matter of the State v. Marvin Branch then...