IN RE SWINK

No. 434.

89 S.E.2d 792 (1955)

243 N.C. 86

In the Matter of Joe SWINK.

Supreme Court of North Carolina.

November 9, 1955.


Attorney(s) appearing for the Case

Bert M. Montague, Raleigh, for petitioner, appellant.

Atty. Gen. Wm. B. Rodman, Jr., and Asst. Atty. Gen. Claude L. Love for the State.

R. Brookes Peters, Gen. Counsel, and Parks H. Icenhour, Raleigh, for State Highway and Public Works Commission.


BOBBITT, Justice.

A valid judgment of a court of competent jurisdiction is the real and only authority for the lawful imprisonment of a person who pleads or is found guilty of a criminal offense. Hence, we must look to the judgments to determine the lawfulness of petitioner's present imprisonment. The purpose of a commitment is to advise the prison authorities of the provisions of the judgment. Since a commitment has no validity except that derived from the judgment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases