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235 N.C. 121

68 S.E.2d 792

In Re Ferguson

Supreme Court of North Carolina

Decided February 1, 1952

Supreme Court of North Carolina · decided 1952-02-01

Key passage — most relied on by later courts

“After a defendant is convicted of a felony, there is no constitutional or statutory (in that State — interpolated) right to bail.”

quoted by 1 later decision, including State v. Whitener

Relies on State v. . Parker · State v. Sellers · State v. . Walters

Good law ✅— No negative treatment on recordhow we know

Decided 1952-02-01

How this case has been cited

Cited by 11 later decisions — most recently November 1972

11 state decisions

50195219601970decided

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.

View the full empirical analysis of this case →

Pee Cukiam.

¶1 The judgments heretofore pronounced are vacated and the cause is remanded to the Superior Court of Mecklenburg County on authority of In re Sellers, 234 N.C. 648, to the end that judgments may be imposed as- provided by law.

¶2 After this opinion has been certified to the Superior Court, the proper officials of the State’s prison are hereby directed to deliver custody of the petitioners to the sheriff of Mecklenburg County in order that proper sentences may be imposed on the defendants at the next term of the Superior Court convening for the trial of criminal cases.

¶3 The petitioners contend that if or when this cause is remanded they will be entitled to their release on bail for their appearance at the next term of the Superior Court of Mecklenburg County, citing S. v. Silvers, 230 N.C. 300, 52 S.E. 2d 877; S. v. Walters, 97 N.C. 489, 2 S.E. 539. This contention is without merit.

¶4 In each of the above cited cases, the court was dealing with a misdemeanor. G.S. 15-183. The petitioners have been convicted of a felony and whether they are released on bail, pending the entry of proper judgments, is a question that must rest in the sound discretion of the court below. After a defendant is convicted of a felony, there is no constitutional or statutory right to bail. S. v. Parker, 220 N.C. 416, 17 S.E. 2d 475; S. v. Bradsher, 189 N.C. 401, 127 S.E. 349.

¶5 Error and remanded.

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