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199 N.C. 599

155 S.E 257

State v. . Harvell

Supreme Court of North Carolina

Decided October 22, 1930

Supreme Court of North Carolina · decided 1930-10-22

Good law ✅— No negative treatment on recordhow we know

Decided 1930-10-22

How this case has been cited

Cited by 4 later decisions — most recently March 1972

4 state decisions

1019301940195019601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Adams, J.

¶1 Two bills of indictment were returned against tbe defendant charging bim with a violation of the prohibition law on 5 August, 1929, and 30 March, 1930, respectively. -Without objection the indictments were tried together, and on each the defendant was convicted. In the first, judgment was pronounced, but execution was suspended upon terms to which the defendant consented;'in the second, the defendant was sentenced to imprisonment and to the roads.

¶2 The record contains only two exceptions. The first relates to the refusal of the judge to set aside the verdict on the ground that it was contrary to the weight of» the evidence — a matter within the discretion of the judge and not reviewable on appeal when not abused. Hoke v. Tilley, 174 N. C., 658; Bailey v. Mineral Co., 183 N. C., 525.

¶3 The second exception is that as both indictments were tried together only one judgment should' have been pronounced. The defendant was tried upon distinct indictments which the trial court was authorized to consolidate. C. S., 4622.

¶4 Where there are several counts and each is for a distinct offense, a general verdict of guilty will apply to each and judgment may be pronounced on each count. S. v. Mills, 181 N. C., 530. In any event since the sentences are concurrent the defendant was not prejudiced in this respect.

¶5 No error.

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