State v. Mehaffey, 184 N.C. 766 (1922)

Dec. 20, 1922 · Supreme Court of North Carolina

184 N.C. 766

STATE v. PAUL MEHAFFEY.

(Filed 20 December, 1922.)

Suspended Judgment — Sentence—Criminal Law — Inquiry—Court’s Jurisdiction.

Appeal by defendant from Bhaw, J., at tbe July Term, 1922, of Haywood.

From a judgment rendered on a prior suspended judgment, • tbe defendant appealed.

Attorney-General Harming and Assistant Attorney-General Nash for the State.

John M. Queen and Alley & Alley for defendant.

Stacy, J.

Tbe judgment in this case was entered at tbe July Term, 1922, before bis Honor bad bad an opportunity to examine our opinion in S. v. Hardin, 183 N. C., 815, rendered only a short time prior thereto. After tbe case bad been docketed here, tbe learned' judge of tbe Superior Court wrote to tbe Attorney-General, stating that be bad “committed an error, and tbe judgment ought to be reversed.” Let an order be entered in accordance witb this suggestion, as tbe conclusion reached is supported by tbe record.

Beversed.