(Filed 5 June, 1946.)
Criminal Raw §§ 63, 68b—
No appeal lies from an order that a suspended judgment be executed upon findings that defendant had violated the conditions upon which judgment was suspended.
Appeal by defendant from Frizzelle, J., at March Term, 1946, of ORANGE.
Criminal prosecution upon warrant issued out of the recorder’s court of Chapel Hill, North Carolina, charging defendant with unlawful possession of “non tax paid liquor” “for the purpose of sale,” etc. Upon trial defendant was found guilty and sentenced to jail for specified term — the judgment being suspended upon conditions stated. Thereafter, upon hearing on “order to show cause,” the judge of recorder’s *479court, finding as a fact that defendant bad violated tbe conditions upon wbicb tbe said judgment was suspended, ordered tbe jail sentence into effect. Defendant, in open court, gave notice of appeal. Tbe court, being of opinion tbat no appeal is provided in sucb case, denied tbe motion. Whereupon, defendant started serving tbe sentence, and was released upon habeas corpus. Sbe tben gave bond for appearance in Superior Court of Orange County. On bearing there tbe presiding judge •approved and confirmed tbe judgment of recorder’s court, and ordered same into execution. Defendant appeals therefrom to tbe Supreme Court. And tbe Attorney-General for tbe State moves to dismiss tbe appeal for lack of jurisdiction.
Attorney-General McMullan and Assistant Attorneys-General Rhodes, Moody, and Tucker for the State.
A. A. McDonald for defendant, appellant.
Per Curiam.
On tbe record as it appears in this Court, tbe motion of tbe State to dismiss tbe appeal is allowed on authority of S. v. Miller, 225 N. C., 213, 34 S. E. (2d), 143, and cases cited, including S. v. King, 222 N. C., 137, 22 S. E. (2d), 241.
Appeal dismissed.