STATE v. SIMMINGTON

No. 649.

70 S.E.2d 842 (1952)

235 N.C. 612

STATE v. SIMMINGTON.

Supreme Court of North Carolina.

May 21, 1952.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., and Charles G. Powell, Jr., of Staff, Raleigh, for the State.

Stanley & Caveness, Greensboro, for defendant appellant.


BARNHILL, Justice.

When the judge of the municipal-county court adjudged that defendant had breached the conditions upon which execution was suspended, his remedy, as now provided by G.S. § 15-200.1, was by appeal.

But he contends that his complaint is not directed to the order placing him in custody and hence this statute is not applicable. He moved to vacate the conditions imposed, and it is from the order denying this motion that he seeks relief. The...

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