State v. Dry

• Decision Date: 12 April 1944
• Docket Number: 361.
• Citation: 29 S.E.2d 698,224 N.C. 234
• Parties: STATE v. DRY.
• Court: North Carolina Supreme Court

29 S.E.2d 698

224 N.C. 234

STATE v. DRY.

No. 361.

Supreme Court of North Carolina

April 12, 1944

Defendant entered a plea of guilty on February 8, 1943, to charges contained in four separate warrants, in the Recorder's Court of Cabarrus County. Prison sentence was entered in each case and suspended upon certain conditions. The Recorder of said court, on December 6, 1943, found as a fact that the defendant had wilfully violated the terms and conditions of the suspended sentence in one of the above cases, and ordered capias to issue. Defendant appealed to the Superior Court and the judgment of the Recorder's Court was affirmed. Whereupon, the defendant appealed to the Supreme Court and assigns error.

E. T. Bost, Jr., and B. W. Blackwelder, both of Concord, for appellant.

Harry M. McMullan, Atty. Gen., and George B. Patton and Hughes J. Rhodes, Asst. Attys. Gen., for the State.

PER CURIAM.

The record proper filed in this Court is fatally defective for the reason that no warrant appears therein.

The appeal is dismissed on the authority of State v. Currie, 206 N.C. 598, 174 S.E. 447 and Pruitt v. Wood, 199 N.C. 788, 156 S.E. 126.

Appeal dismissed.