State v. Mintz
| Decision Date | 19 October 1955 |
| Docket Number | No. 148,148 |
| Citation | 242 N.C. 761,89 S.E.2d 463 |
| Parties | STATE, v. Norman Lee MINTZ. STATE v. William Floyd BALLINGTON. |
| Court | North Carolina Supreme Court |
Aaron Goldberg and Rountree & Rountree, Wilmington, for appellant mintz.
W. Jack F. Canady, Wilmington, for appellant Ballington.
Wm. B. Rodman, Jr., Atty. Gen., and T. W. Bruton, Asst. Atty. Gen., for the State.
G.S. § 14-177 defines the crime against nature as an 'abominable and detestable' crime, and we held in State v. Spivey, 213 N.C. 45, 195 S.E. 1, that an attempt to commit the crime thus defined is an infamous act within the meaning of G.S. § 14-3. We still adhere to that decision. Hence the sentence imposed in the court below was within the limitations permitted by law.
The other exceptive assignments of error present no substantial question which requires discussion. They fail to point out prejudicial error. Therefore, in the trial below we find
No error.
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State v. Hageman, 206A82
...Parker, 262 N.C. 679, 138 S.E.2d 496 (1964), and an attempt to commit a crime against nature, State v. Spivey, supra; State v. Mintz, 242 N.C. 761, 89 S.E.2d 463 (1955); State v. Harward, 264 N.C. 746, 142 S.E.2d 691 (1965), all constitute misdemeanors which are infamous, done in secret and......
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Perkins v. State of North Carolina
...499 (1957); State v. Williams, 247 N.C. 272, 100 S.E.2d 500 (1957); State v. Lance, 244 N.C. 455, 94 S.E.2d 335 (1956); State v. Mintz, 242 N.C. 761, 89 S.E.2d 463 (1955); State v. Spivey, 213 N.C. 45, 195 S.E. 1 (1938); State v. Callett, 211 N.C. 563, 191 S.E. 27 (1937); State v. May, 211 ......
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State v. Harward, 826
...to commit the crime against nature is an infamous act within the meaning of G.S. § 14-3 and is punishable as a felony. State v. Mintz, 242 N.C. 761, 89 S.E.2d 463; State v. Spivey, 213 N.C. 45, 195 S.E. Defendant's motion in arrest of judgment is based on the proposition that G.S. § 14-202.......
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State v. Tyner, 8026SC587
...misdemeanors" are to be felonies. To this we agree. See, e. g., State v. Harward, 264 N.C. 746, 142 S.E.2d 691 (1965); State v. Mintz, 242 N.C. 761, 89 S.E.2d 463 (1955). The State further contends, however, that solicitation to commit a crime against nature is the same as an attempt to com......