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243 N.C. 686

91 S.E.2d 917

State v. Barrett

Supreme Court of North Carolina

Decided March 21, 1956

Supreme Court of North Carolina · decided 1956-03-21

Relies on State v. . Miller · State v. Millner · State v. . Johnson

Good law ✅— No negative treatment on recordhow we know

Decided 1956-03-21

How this case has been cited

Cited by 12 later decisions — most recently April 1976

12 state decisions

40195619601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Cubiam.

¶1 The violation of the, ordinance of the City of Green-ville is a violation of a penal law of the State of North Carolina, because G.S. 14-4 provides that “if any person shall violate an ordinance of a city or town, he shall be guilty of a misdemeanor.” Board of Education v. Henderson, 126 N.C. 689, 36 S.E. 158; S. v. Taylor, 133 N.C. 755, 46 S.E. 5; S.v. Wilkes, 233 N.C. 645, 65 S.E. 2d 129.

¶2 The validity of Judge Bundy’s judgment suspending execution of the sentence of imprisonment on certain conditions is not challenged on appeal. S. v. Johnson, 226 N.C. 266, 37 S.E. 2d 678; S. v. Miller, 225 N.C. 213, 34 S.E. 2d 143.

¶3 Whether the defendant had wilfully violated the conditions upon which the sentence of imprisonment was suspended presents questions of fact for the judge, and not issues of fact for a jury. S. v. Johnson, 169 N.C. 311, 84 S.E. 767; S. v. Hardin, 183 N.C. 815, 112 S.E. 593; S. v. Millner, 240 N.C. 602, 83 S.E. 2d 546.

¶4 A reading of the record shows that there was sufficient competent evidence before Judge Bundy to support his findings of fact that the defendant during the period of probation had wilfully violated a penal law of this State, and had wilfully failed to avoid persons or places of disreputable or harmful character, both conditions to be observed by the defendant to avoid serving the sentence of imprisonment. Such findings are sufficient to support the Judge’s order revoking probation, and activating the sentence of imprisonment. That being true, it is immaterial whether there is sufficient competent evidence to support the finding that the defendant had failed to work faithfully at suitable employment, as far as possible.

¶5 Affirmed.

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