State v. Maples, 232 N.C. 732 (1950)

Nov. 29, 1950 · Supreme Court of North Carolina

232 N.C. 732

STATE v. BILLIE MAPLES.

(Filed 29 November, 1950.)

1. Criminal Law § 63—

No appeal lies from an order that a suspended judgment be executed upon findings that defendant had violated one of the conditions of suspension.

2. Criminal Law § 67a—

Where the Superior Court has no jurisdiction of an attempted appeal from the Recorder’s Court, the Supreme Court can acquire no jurisdiction by further appeal.

Joi-msoN, J., took no part in the consideration or decision of this ease.

Appeal by defendant from Phillips, J., May Term, 1950, of Moore.

Appeal dismissed.

Defendant was convicted in the Recorder’s Court of Moore County for a violation of the Motor Yehicle Law. The judgment pronounced was suspended on specified conditions. Thereafter the judgment was invoked for breach of one of the conditions imposed. Defendant appealed ■to tbe Superior Court. Tbe court below dismissed tbe appeal for want •of jurisdiction and defendant appealed.

Attorney-General McMullan, Assistant Attorney-General Moody, and Walter F. Brinkley, Member of Staff, for the State.

Seawell & Seawell for defendant, appellant.

Pee OuRiAM.

Tbe judgment of tbe court below dismissing defendant’s ■purported appeal from tbe county court must be affirmed on authority of S. v. King, 222 N.C. 137, 22 S.E. 2d 241; S. v. Miller, 225 N.C. 213, 34 S.E. 2d 143; and S. v. Farrar, 226 N.C. 478, 38 S.E. 2d 193. Since tbe court below bad no jurisdiction to bear tbe appeal, we have none. Shepard v. Leonard, 223 N.C. 110, 25 S.E. 2d 445. Therefore, we have mo authority, on this appeal, to entertain defendant’s motion in arrest of judgment.

Appeal dismissed.

JOHNSON, J., took no part in tbe consideration or decision of this case.