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STATE v. DOUGHTIE

No. 73.

74 S.E.2d 922 (1953)

237 N.C. 368

STATE v. DOUGHTIE.

Supreme Court of North Carolina.

March 18, 1953.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen. and T. W. Bruton, Asst. Atty. Gen., Gerald F. White, Member of Staff, Raleigh, for the state.

Cameron S. Weeks and T. Chandler Muse, Tarboro, for the defendant, appellant.

PARKER, Justice.

In North Carolina a court has no power to pass a sentence of banishment; and if it does so, the sentence is void. This is the general rule in American Courts. State v. Hatley, 110 N.C. 522, 14 S.E. 751.

"In the states of the United States, a sentence banishing one convicted of crime from the state is generally held to be beyond the power of the court. It is impliedly prohibited by public policy." 15 Am.Jur., Criminal Law, Sec. 453. To the...

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