STATE v. CAUDLE

No. 42.

173 S.E.2d 778 (1970)

276 N.C. 550

STATE of North Carolina v. Abram C. CAUDLE, III.

Supreme Court of North Carolina.

May 13, 1970.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Christine Y. Denson, Raleigh, Staff Atty., for the State.

John W. Hinsdale, Raleigh, for defendant-appellant.


LAKE, Justice.

The record presents this question: Assuming the failure of the defendant to make the payments to the bank was wilful and without lawful excuse, may the sentence to jail be placed into effect for this failure? We hold that it may not.

The Constitution of North Carolina, Article I, § 16, provides, "There shall be no imprisonment for debt in this State, except in cases of fraud." The defendant,...

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