Opinion
Filed 20 November, 1957
APPEAL by defendant from Fountain, Special Judge, August Term, 1957, of HARNETT.
Attorney General Patton and Assistant Attorney General Moody for the State.
E. R. Temple for defendant appellant.
Defendant was, at the November Term 1955 of the Superior Court of Harnett County, placed on trial on a bill of indictment charging him with breaking and entering. The bill signed by the foreman of the grand jury with the name of the witness examined checked was returned into court reading: "Those marked X sworn by the undersigned foreman, and examined before the Grand Jury, and this bill found A TRUE BILL." Defendant pleaded not guilty. The jury returned a verdict of guilty, prison sentence of five to seven years was imposed and suspended and defendant placed on probation for a term of five years with a special provision "that defendant not possess or drink any alcoholic beverages of any kind during the period of probation."
At the August Term 1957 defendant entered a plea of guilty to a charge of public drunkenness on 1 July 1956.
On motion to put the suspended sentence into effect a hearing was had. Judge Fountain found a wilful violation of the terms of probation including, inter alia, public drunkenness in accord with defendant's plea. He ordered the suspended sentence into effect. Defendant appealed.
No right of appeal is given. G.S. 15-180; S. v. Tripp, 168 N.C. 150, 83 S.E. 630; S. v. Miller, 225 N.C. 213, 34 S.E.2d 143; S. v. Thomas, 236 N.C. 196, 72 S.E.2d 525. No error appears on the record. G.S. 15-141. S. v. Harrison, 104 N.C. 728. The motion of the Attorney General to dismiss is allowed.
Appeal dismissed.