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STATE v. STONE

No. 7411SC632.

208 S.E.2d 857 (1974)

23 N.C. App. 344

STATE of North Carolina v. James A. STONE, Jr.

Court of Appeals of North Carolina.

October 16, 1974.

Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr., by Asst. Atty. Gen. Eugene A. Smith, Raleigh, for the State.

O. Tracy Parks, III, Sanford, for defendant appellant.

CAMPBELL, Judge.

The defendant asserts that there was insufficient evidence to support the findings of fact made by the judge and that the judge abused his discretion and that the judgment was arbitrary.

As stated by Parker, Chief Justice, for the Court, in State v. Hewett, 270 N.C. 348, 353, 154 S.E.2d 476, 479-480 (1967):

"A proceeding to revoke probation is not a criminal prosecution...

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