State v. Shepherd
| Decision Date | 23 April 1924 |
| Docket Number | 419. |
| Citation | 122 S.E. 467,187 N.C. 609 |
| Parties | STATE v. SHEPHERD. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Richmond County; Stack, Judge.
J. T (Tom) Shepherd was convicted of violating the prohibition law, and, from an order revoking an order suspending sentence and judgment imposing a sentence, he appeals. Affirmed.
Where judgment against a defendant who pleaded guilty to violations of the prohibition law was suspended on condition that he abstain from the use of intoxicating liquors, and he agreed thereto, the court, on finding that the defendant had violated the condition, was justified in revoking the suspension.
On the hearing, it was made to appear that at the July term, 1922 Richmond superior court, the defendant pleaded guilty to violations of the prohibition law in two cases, Nos. 31 and 99.
The following judgment was entered in No. 31:
"Judgment having been pronounced against the defendant in No. 99, as set out in the record, and it appearing to the court that his near neighbors--prominent citizens--have come to the court in person and requested leniency, and, if possible reformation of the defendant. the court suspends this judgment for 18 months with the consent of the defendant and his counsel, and of the solicitor, and upon the recommendation of his near neighbors, upon the following conditions:
(1) He is to abstain personally, entirely, from the use of intoxicating liquors.
(2) He is to be of good behavior and show the court at each term that he has been of good behavior, and especially that he has not in any way whatever unlawfully dealt with manufactured, or sold, or in any wise violated, the liquor laws.
(3) He is required to give a bond in the sum of $1,500 to appear at each and every criminal term during this period of 18 months and show to the court that he has abstained from the use of liquor himself, and has not in any wise violated the liquor law.
(4) The judgment is also suspended upon conditions that, if he violates any of the requirements above set out--that is to say, indulge in the use of spirituous liquor, or in any wise violate the law--that the court will enter a sentence against him of imprisonment in the county jail for 12 months and be assigned to work on the public roads of Richmond county. Defendant is in custody until the orders in No. 99 and No. 31 are complied with."
The record states that the defendant paid the fine imposed in No 99, and also paid the costs in both cases, the costs of the sci. fa., gave the appearance bond of $1,500, and was released from custody.
At the October term, 1923, being one of the terms at which the defendant was to report and show compliance with the terms of the judgment entered in No. 31, it was found as a fact that he had violated one of the conditions of the suspended judgment in that he had failed "to abstain personally entirely, from the use of intoxicating liquors." Whereupon the defendant was ordered into the custody of the sheriff to be committed to the common jail for a period of 12 months, and assigned to work on the...
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