STATE v. ELLIOTT

No. 7429SC479.

206 S.E.2d 367 (1974)

22 N.C. App. 334

STATE of North Carolina v. Hoyt ELLIOTT.

Court of Appeals of North Carolina.

July 3, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Charles J. Murray, Raleigh, for the State.

Davis & Kimel by Horace M. Kimel, Jr., and L. Wingate Cain, Jr., Marion, for defendant appellant.


BRITT, Judge.

First, defendant contends the court erred in hearing the motion to activate his suspended sentence because he was not represented by counsel. We find no merit in this contention.

Defendant does not contend that he was indigent and that an attorney should have been appointed for him. He argues that he had employed an attorney from another county to represent him and that the attorney was unable to appear at the hearing because of involvement in...

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