STATE v. COOPER

No. 75.

77 S.E.2d 695 (1953)

238 N.C. 241

STATE v. COOPER.

Supreme Court of North Carolina.

September 23, 1953.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., and T. W. Bruton, Asst. Atty. Gen., for the State.

S. J. Pegram and William J. Cocke, Asheville, for defendant appellant.


ERVIN, Justice.

We deem it advisable to make certain observations at the outset. The plea of nolo contendere entered by the defendant and accepted by the solicitor with the approval of the presiding judge was absolute in character. This being true, there is no basis for the contention of the defendant that his plea of nolo contendere was a conditional one with the ultimate issue of his guilt or innocence to be determined by the presiding judge. It necessarily follows...

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