State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15 > GS_15-189

§15‑189.  Sentence of death; prisoner taken to penitentiary.

Upon the sentence of deathbeing pronounced against any person in the State of North Carolina convicted ofa crime punishable by death, it shall be the duty of the judge pronouncing suchdeath sentence to make the same in writing, which shall be filed in the papersin the case against such convicted person. The clerk of the superior court inwhich such death sentence is pronounced shall prepare a certified copy of saidjudgment or sentence of death, including therewith a copy of any notice orentries of appeal made in such case; if no entries or notice of appeal havebeen made or given in such case, a statement to the effect shall be included inthe certificate of the clerk; it shall also be the duty of the districtattorney, assistant district attorney, or attorney prosecuting in behalf of theState in the absence of the district attorney, to prepare and sign acertificate stating in substance that he prosecuted said case in behalf of theState and that notice or entries of appeal have or have not been made or givenin said case, and further that he has examined a copy of said judgment orsentence of death certified by the clerk, including the copy of the notice orentries of appeal or statement to the effect that no appeal has been given, andto the best of his knowledge the same is correct; the certificate of saiddistrict attorney, or other prosecuting officer above named, shall be attachedto the certified copy of said sentence of death, as prepared and certified bythe clerk, and both certificates shall be transmitted by the clerk of thesuperior court in which said sentence of death is pronounced to the warden ofthe State penitentiary at Raleigh, North Carolina; at the same time and in thesame manner, a duplicate original of said certificates shall be prepared by theclerk of the superior court and the district attorney, or other prosecutingofficer above named, and the said duplicate original or said certificates shallbe transmitted to the Attorney General of North Carolina. If notice of appealis given or entries of appeal are made after the expiration of the term ofsuperior court in which said sentence of death is pronounced, said certificatesshall be prepared by the clerk of the superior court in which said sentence ispronounced and by the district attorney, or other prosecuting officer abovenamed, prosecuting in behalf of the State, in the same manner and shall betransmitted as soon as possible to the warden of the State penitentiary atRaleigh, North Carolina, and to the Attorney General of North Carolina. Theabove certificates so prepared by the clerk of the superior court in which suchsentence of death is pronounced and by the district attorney, or otherprosecuting officer above named, shall be transmitted by the clerk of thesuperior court in which such sentence is pronounced to the warden of the Statepenitentiary at Raleigh, North Carolina, and to the Attorney General of NorthCarolina, not more than 20 or less than 10 days before the time fixed in thejudgment of the court for the execution of the sentence; and in all cases wherethere is no appeal, said sentence of death shall not be carried out by thewarden of the State penitentiary or by any of his deputies or agents until saidcertificates so prepared and transmitted by the clerk of the superior court inwhich said sentence of death is pronounced, and by the district attorney, orthe prosecuting officer above named, have been received in the office of thewarden of the State penitentiary at Raleigh, North Carolina. In all cases wherethere is no appeal from the sentence of death and in all cases where thesentence is pronounced against a prisoner convicted of the crime of rape itshall be the duty of the sheriff, together with at least one deputy, to conveyto the penitentiary, at Raleigh, North Carolina, such condemned felon orconvict forthwith upon the adjournment of the court in which the felon wastried, and deliver the convict or felon to the warden of the penitentiary. (1909,c. 443, s. 3; C.S., s. 4659; 1951, c. 899, s. 1; 1973, c. 47, s. 2.)