State v. Gooding
| Decision Date | 28 September 1927 |
| Docket Number | 141. |
| Citation | 139 S.E. 436,194 N.C. 271 |
| Parties | STATE v. GOODING. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Jones County; Cranmer, Judge.
John Gooding was convicted of the possession of intoxicating liquor, and he appeals from a judgment enforcing a suspended sentence. Error.
Judgment entered after time for which it was suspended held void.
The facts determinative of the question presented are as follows:
At the September term, 1925, Jones superior court, in an action appearing on the minute docket as No. 53 (State v. John Gooding), the defendant waived the finding of a bill and entered a plea of "guilty possessing liquor" whereupon Hon. W. M. Bond, judge presiding, as appears from the record, entered the following judgment
The clerk of the superior court of Jones county, in response to request from the Attorney General, certifies that the following entries appear upon the minutes of the court:
Thereafter judgment was entered in the same cause by Hon. E. H. Cranmer, judge presiding, at the March term, 1927, as follows:
"The court finds that the condition upon which the prayer was continued has been violated; therefore it is ordered, adjudged, and decreed that the defendant, John Gooding, be confined in the common jail of Jones county for a term of 12 months, and assigned to work the roads of Lenoir county."
From this latter judgment, the defendant appeals, assigning error.
Shaw & Jones, of Kinston, for appellant.
D. G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the state.
There are several reasons why the judgment in this case, from which the defendant appeals, cannot be sustained.
In the first place, the only thing definite and certain about the judgment entered at the September term, 1925, is the fine of $150 and costs. If the defendant were not entitled to be discharged upon the payment of this fine and costs, which he may have been, it is clear that under the next sentence, "prayer for judgment continued for 12 months," no judgment could be entered after the lapse of one year, or 12 months, which expired September, 1926. Therefore the judgment rendered at the March term, 1927, is without warrant of law and must be held for naught. State v. Hilton, 151 N.C. 687, 65 S.E. 1011.
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Ex parte Boyd
... ... Original ... proceeding in habeas corpus by Jerry Wilbur Boyd to secure ... his release from the State Reformatory at Granite, Oklahoma ... Writ ... [122 P.2d 164] ... Sid ... White, of Oklahoma City, for ... Zolantakis, 70 Utah 296, 259 P. 1044, 54 ... A.L.R. 1463; Ex parte Lucero, 23 N.M. 433, 168 P. 713, ... L.R.A.1918C, 549; State v. Gooding, 194 N.C. 271, ... 139 S.E. 436; Fleenor v. Hammond, 6 Cir., 116 F.2d ... 982, 132 A.L.R. 1241 ... On the ... other hand, ... ...
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...State v. Gibson, 156 N.J.Super. 516, 384 A.2d 178 (1978); People v. Cooper, 54 Misc.2d 42, 280 N.Y.S.2d 920 (1967); State v. Gooding, 194 N.C. 271, 139 S.E. 436 (1927); Thompson v. State, 620 P.2d 422 (Okla.Crim.App.1980); Bryant v. State, 233 Or. 459, 378 P.2d 951 (1963); State v. Taylor, ......
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...of law." If such be the rule in respect of statutes, what shall be said of ambiguous judgments? The answer was given in State v. Gooding, 194 N.C. 271, 139 S.E. 436. defendant ought not to be required to guess at the meaning of a suspended judgment. The matters involved--the enforcement of ......