166 N.C. 441
81 S.E 462
Supreme Court of North Carolina
Decided February 28, 1914
Supreme Court of North Carolina · decided 1914-02-28
xYppeal by defendant from. Adams, J'., at January Term, 1914, of GastoN. Tbe defendant, a superintendent of one of tbe cbain-gangs in Gaston County, was convicted of whipping a convict. Tbe whipping, with a leather strap l1/^ inches wide, 16 or 18 inches long, attached to a wooden handle 10 or 12 inches long, was admitted by the defendant, and the evidence for the State showed a serious beating and the use of a stick.
Decided 1914-02-28
¶1 The decision of this appeal is controlled by S. v. Nipper, ante, 272.
¶2 There was a difference of opinion among the members of the Court upon some of the questions raised in that case; but all agreed that guards 'have no right to whip the convicts in the absence of rules and regulations by the county commissioners, and none appear here.
¶3 No error.