Opinion · Supreme Court of North Carolina

State v. . Nutt

61 N.C. 20

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1866-06-05
Topic
general

Reads, J. Since the trial of the defendant in the court below, the statute under which he was convicted has been repealed. The repealing statute- does not except from its *21 operation offences already committed. The appeal vacates the judgment, and there is now no law under which judgment can be pronounced against the defendant. Judgment must therefore be arrested.

Citator

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Cited by
3 opinions
STATEv. NUTT,61 N.C. 20(1866)
STATE v. ERASMUS D. NUTT.
Supreme Court of North Carolina
(June Term, 1866.)
If, pending an appeal in a criminal case, the statute authorizing the indictment is repealed, judgment will be arrested.
MISDEMEANOR, in the distillation of grain, tried beforeFrench, J., at Fall Term, 1864, of ORANGE Superior Court.

No statement of the case is necessary.
Attorney-General for the State.Phillips Battle for defendant.
READE, J.
Since the trial of the defendant in the court below the statute under which he was convicted has been repealed. The repealing statute does not except from its operation offenses alreadyPage 38(21) committed. The appeal vacates the judgment, and there is now no law under which judgment can be pronounced against the defendant.

Judgment must therefore be arrested.

PER CURIAM. Judgment arrested.Cited: S. v. Brodnax, post, 43;S. v. Long,78 N.C. 572;S. v.Williams,97 N.C. 456;S. v. Perkins,141 N.C. 798.