In an opinion by Justice Heriot Clarkson which declares the evidence shocking, indecent and revolting to be set forth in the opinions of the court, the Supreme Court of North Carolina Wednesday affirmed the judgement of 30 years in the State Prison which was imposed upon Joe Swindell by Judge N.A. Sinclair, presiding over a Pasquotank County Superior Court.
Swindell was convicted of abusing a 13-year-old virgin girl and in granting a commutation to J.B. Farrior, grandfather of the victim, who was sentenced to two years in prison for shooting Swindell while the latter was in jail. Former Governor Cameron Morrison declared that Swindell should have been electrocuted and would have been for the failure of the girl’s family to permit her to testify.
Judge Clarkson disposes of 13 exceptions as to the competency of the evidence with the statement that the exceptions are without merit but discusses the exception as to the punishment at some length declaring in conclusion:
“Though the punishment is great, the protection due to society is greater. The hope is to amend the offender, to deprive him of the opportunity to do further mischief and above all to set an example to deter others.”
Swindell will be taken to prison shortly. He was committed to jail yesterday, having been free under $15,000 bond since he appealed.
From the front page of the Elizabeth City Independent, Feb. 20, 1925
newspapers.digitalnc.org/lccn/sn83025812/1925-02-20/ed-1/seq-1/#words=FEBRUARY+20%2C+1925
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