State v. Stevens
| Decision Date | 25 May 1908 |
| Citation | 61 S.E. 629,146 N.C. 679 |
| Parties | STATE. v. STEVENS. |
| Court | North Carolina Supreme Court |
Criminal Law—Sentence — Setting Aside Judgment—New Sentence.
On a plea of guilty, defendant was sentenced to imprisonment for a certain term. Subsequently, during the same term, the court set aside the judgment, and sentenced defendant to a longer term. According to the findings of fact of the court below, the judge, when first imposing sentence, held the matter of final punishment under consideration, at defendant's request, until he could secure the attendance of a witness to testify as to the state of defendant's health. Held, that the second sentence was valid.
Appeal from Superior Court, Buncombe County; Peebles, Judge.
Clayton Stevens pleaded guilty to an indictment for carrying concealed weapons, and from the judgment he appeals. Affirmed.
The defendant entered a plea of guilty on February 18, and was then sentenced to "be imprisoned in the jail of Buncombe county for the term of six months, and he is assigned to the commissioners of said county for such term, to be worked on the public roads, pay all costs, and be discharged according to law." On February 20, 1908, during the same term, the following proceedings were had: "The judgment heretofore entered in this case is now stricken out, and it is adjudged that this defendant be imprisoned in the jail of Buncombe county for the term of eight months, and after April 3, 1908, he is assigned to the commissioners of Buncombe county for remainder of term, to be worked on the public roads, pay all costs, and be discharged according to law." From the foregoing judgment defendant appealed to Supreme Court, on the ground that the court cannot increase the sentence after defendant has started to serve same, and that the judgment is fragmentary. The court found as a fact that defendant came into court on his own motion, and being examined by a physician, the physician said that in his opinion the defendant would suffer some pain from his wounds for a month or so, and then could work at hard labor. The defendant's father came on the stand, and asked to have the sentence changed to a fine, whereupon the court sentenced the defendant to eight months in jail. The court further found that defendant had not commenced to serve sentence on the roads, but is still in jail.
Britt & Ford and V. S. Lusk, for appellant.
Asst. Atty. Gen. Clement, for the State.
According to the findings of fact of the court below, it is...
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State v. Calcutt
... ... to this end he may hear further evidence, in open court, both ... as to the facts of the case and as to the character and ... conduct of the defendant. In re Brittain, 93 N.C ... 587; State v. Manly, 95 N.C. 661; State v ... Stevens, 146 N.C. 679, 61 S.E. 629; Cook v. Tel. Co., ... 150 N.C. 428, 64 S.E. 204." ... In the ... instant case, the Judge made certain modifications in the ... sentence before the expiration of the term of Court. The ... judgment as modified is one which conforms to the law of ... ...
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State v. White
...573, 578, 34 S.E.2d 21; Commonwealth v. Kazec (Ky.), 252 S.W.2d 20. See, also, Smith v. Brown, 135 Fla. 830, 185 So. 382; State v. Stevens, 146 N.C. 679, 61 S.E. 629; Conway v. Hughes, 62 S.D. 579, 255 N.W. We hold that the right of a district court to modify its sentence in a criminal case......
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State v. Kelly, 6927SC227
...v. Godwin, 210 N.C. 447, 449, 187 S.E. 560; State v. McLamb, 203 N.C. 442, 166 S.E. 507; State v. Manley, 95 N.C. 661; State v. Stevens, 146 N.C. 679, 61 S.E. 629; State v. Whitt, 117 N.C. 804, 23 S.E. 452'. (Emphasis Our interpretation of the North Carolina cases applied to this situation ......
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State v. Gross
... ... judge to modify, change, alter or amend the prior judgment, ... or to substitute another judgment for it, cannot be ... questioned. State v. Godwin, 210 N.C. 447, 449, 187 ... S.E. 560; State v. McLamb, 203 N.C. 442, 166 S.E ... 507; State v. Manly, 95 N.C. 661; State v ... Stevens, 146 N.C. 679, 61 S.E. 629; State v ... Whitt, 117 N.C. 804, 23 S.E. 452 ... We do ... not consider that any doubt with which the sentence may be ... attended is fatal and resolving such doubt as may exist in ... favor of the defendant, we construe the latter entry as ... ...