STATE v. MILLER

No. 758SC752.

221 S.E.2d 520 (1976)

28 N.C. App. 504

STATE of North Carolina v. Michael Anthony MILLER.

Court of Appeals of North Carolina.

February 4, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Claudette Hardaway, Raleigh, for the State.

Herbert B. Hulse and George F. Taylor, Goldsboro, for defendant-appellant.


ARNOLD, Judge.

Defendant contends that the court erred in finding that he violated his probation. We agree. The conditions found to be violated are (1) that defendant violate no penal laws and be of good general behavior, and (2) that defendant work faithfully at suitable gainful employment. These two conclusions are supported by findings that defendant was a disciplinary problem in school and that he did not attend school in lieu of working.

There is no condition...

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