State v. Greer
| Decision Date | 18 April 1917 |
| Docket Number | 345. |
| Citation | 92 S.E. 147,173 N.C. 759 |
| Parties | STATE v. GREER. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Forsyth County; Long, Judge.
Mary Greer was convicted of retailing intoxicating liquors, and sentence was suspended on condition. From a judgment of the superior court dismissing a writ of certiorari by defendant to review the order of the municipal court, directing execution of the sentence, defendant appeals. Affirmed.
Discretion of court as to proceedings to determine whether condition of suspended sentence has been breached cannot be reviewed unless there is manifest abuse thereof.
This is an appeal by Mary Greer, who was convicted in the municipal court of the city of Winston on June 7, 1916, for retailing the sale being made to one Henry Lemons. The judgment of the court was that the defendant pay a fine of $25 and costs, and be imprisoned in the county jail for six months. The execution against the person was not to issue for two years on condition that the defendant should not violate any of the prohibition laws of the state. There was no appeal from that decision of the municipal court. On July 23, 1916, this defendant was again indicted in the municipal court for retailing, the sale being made to Millard Creech. She pleaded not guilty, but was adjudged guilty on July 24, 1916, and sentenced to nine months in the county jail. From this judgment she appealed to the superior court, and, in default of the required $200 bond, was committed to jail. After the defendant had appealed from this second sentence, the court called up the case which had been tried in June preceding and made the following entry:
Upon the trial of the Millard Creech Case, this being the second case and the one in which an appeal was taken from the municipal court, the jury in the superior court found the defendant not guilty. The following day, to wit, July 26 1916, a motion was made before the judge of the municipal court, asking that he revoke the order putting the execution in the case of June 7th into effect, for the reason that the defendant had been found not guilty of making the sale to Millard Creech. The judge of the municipal court declined to revoke his order of July 24, 1916, directing the execution to issue against the person of the defendant. The defendant gave notice of appeal from this ruling, and the judge of...
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