NORTH CAROLINA GENERAL ASSEMBLY

1969 SESSION

CHAPTER 1183

SENATE BILL 682

AN ACT TO PROVIDE COMPENSATION TO LEMUEL PARROTT, WHO HAD BEEN UNJUSTLY CONVICTED OF A CAPITAL FELONY.

WHEREAS, Lemuel Parrott was indicted by the Grand Jury at the August 1947 Term of the Lenoir County Superior Court for the capital felony of Murder in the First Degree; and, whereas, Lemuel Parrott was brought to trial upon his plea of not guilty at the September 1947 Term of the Lenoir County Superior Court and convicted of Murder in the First Degree and sentenced to death; and, whereas, at the April 1948 Term of Lenoir County Superior Court an Order was entered granting Lemuel Parrott a new trial; and, whereas, at the September 1948 Term of Lenoir County Superior Court, Lemuel Parrott was again placed on trial for Murder and was found to be not guilty; and, whereas, the testimony at the retrial demonstrated that witnesses at the original trial perjured themselves; and

WHEREAS, a person who has been found not guilty by a jury on retrial is not eligible to receive benefits under the provisions of N.C.G.S. 148-82, inasmuch as N.C.G.S. 148-82 requires the claimant to have received a pardon from the Governor; and, whereas, an accused who has been acquitted upon retrial is not eligible to receive a pardon since he is no longer convicted of the commission of a crime; and

WHEREAS, it is fitting and proper that Lemuel Parrott be compensated for the approximately eight (8) months he was under sentence of death, and for the period in excess of one year that he was confined;

NOW, THEREFORE,

The General Assembly of North Carolina do enact:

Section 1.  That the State of North Carolina is hereby authorized, empowered and directed to pay to Lemuel Parrott the sum of one thousand dollars ($1,000.00) in total compensation for the time he was unjustly incarcerated, and particularly, for that time he was unjustly incarcerated under sentence of death. The sum of one thousand dollars ($1,000.00) payable hereunder shall be paid out of the Contingency and Emergency Fund, or out of any other available State Fund.

Sec. 2.  All laws and clauses of laws in conflict with the provisions of this Act are hereby repealed.

Sec. 3.  That this Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 1st day of July, 1969.