State v. Ferebee
State v. Percy Bell Ferebee
Opinion
Bobbitt, J.
Defendant’s purported assignments of error are not based on exceptions duly noted in apt time and are ineffectual. 1 Strong, N. C. Index, Appeal and Error § 19.
Defendant’s brief asserts the “Question Involved” is: “Did the Court, in refusing to continué this case to a subsequent term, deprive the defendant of constitutional rights to which he was entitled?”
“Granting or denying a motion for continuance rests in the sound discretion of the presiding judge and his decision will not be disturbed on appeal, except for abuse of discretion or a showing the defendant has been deprived of a fair trial.”
S. v. Ipock, 242 N.C. 119 , 86 S.E. 2d 798 ; 1 Strong, N. C. Index, Criminal Law § 86. Defendant has failed to show abuse of discretion or that he has been deprived of a fair trial.
“In the application of this fundamental principle (the right of confrontation) it has been held that in a capital felony the prisoner cannot waive his right to be present at any stage of the trial. Not only has he a right to be present; he must be present.
S. v. Kelly, 97 N.C. 404 ;
S. v. Dry, 152 N.C. 813 . In felonies less than capital the right to be present can be waived only by the defendant himself (S. v. Jenkins, 84 N.C. 813 ), but in misdemeanors the right may be waived by the defendant through his counsel with the consent of the court.
S. v. Dry, supra; S. v. Cherry, 154 N.C. 624 .”
S. v. O’Neal, 197 N.C. 548 , 149 S.E. 860 ;
S. v. Hartsfield, 188 N.C. 357 , 124 S.E. 629 ;
Cotton Mills v. Local 578, 251 N.C. 218, 228-229 , 111 5.E. 2d 457. True, a sentence imposing corporal punishment may not be pronounced against a defendant in his absence. S.
v. Brooks, 211 *610 N.C. 702, 191 S.E. 749 , and cases cited. Here, the judgment pronounced imposes no active or suspended sentence of corporal punishment. The fine and costs are collectible as provided in G.S. 15-185. See S. v. Bryant, 251 N.C. 423 , 111 S.E. 2d 591 .
Since defendant has failed to show error, Judge Clarkson’s judgment is affirmed.
Affirmed.
Moore, J., not sitting.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 21 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.