State v. Nutt, 61 N.C. 20, 1 Phil. 20 (1866)

June 1866 · Supreme Court of North Carolina

61 N.C. 20, 1 Phil. 20

THE STATE v. ERASMUS D. NUTT.

If, pending an appeal in a criminal' case, the statute authorizing the indictment is repealed, judgment will he arrested.

Misdemeanor, in the distillation of grain, tried before French, J., at Fall Term, 1864, of Orange Superior Court.

No statement of the case is necessary.

Attorney General, for the State.

Phillips and F'attle, lor the defendant..

Reads, J.

Since the trial of the defendant in the court below, the statute under which he was convicted has been repealed. The repealing statute- does not except from its operation offences already committed. The appeal vacates the judgment, and there is now no law under which judgment can be pronounced against the defendant.

Judgment must therefore be arrested.

Per Curiam. Judgment arrested.