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182 N.C. 821

108 S.E 721

State v. . Bynum

Supreme Court of North Carolina

Decided October 26, 1921

Supreme Court of North Carolina · decided 1921-10-26

Appeal by defendant from Daniels J., at September Term, 1921, of OeANGE. Indictment for perjury. Defendant was convicted, and from sentence on tbe roads of Orange County for four months, appealed to this Court, assigning for error: 1. For that bis Honor declined to set aside tbe verdict as contrary to tbe weight of tbe evidence. 2. For that bis Honor entered judgment on tbe verdict.

Decided 1921-10-26

Hoee, J.

¶1 Tbe bill of indictment, tbe verdict, and judgment are formally correct, and tbe only exception to tbe validity of tbe trial being on a matter in the sound discretion of tbe court, we must affirm tbe judgment. Tbe defendant was without tbe benefit of counsel in tbe court below, and for tbe reasons stated, we are not at liberty to consider tbe positions so forcibly urged in bis behalf in tbe argument here.

¶2 On tbe record, while it was entirely proper to submit tbe case to tbe jury, we find very little in tbe testimony to justify a conviction of willful and corrupt perjury, and we deem it no impropriety to suggest that tbe facts as now presented to us would seem to justify a petition for executive clemency. We are confirmed in tbe view by tbe further fact that tbe careful, considerate, and able judge who tried tbe cause has imposed tbe minimum punishment allowed by tbe law for an offense of this kind.

¶3 No error.

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