State v. Thompson

Supreme Court of North Carolina

Decided June 6, 1956

Supreme Court of North Carolina · decided 1956-06-06

Cited by 6 later decisions — most recently September 1976

6 state decisions

Key passage — most relied on by later courts

““ ... In all cases where . . . suspension of sentence entered in a court inferior to the superior court is revoked . . . , the defendant shall have the right of appeal therefrom to the superior court, and, upon such appeal, the matter shall be determined by the judge . . . , but only upon the issue of whether or not there has been a violation of the terms of the . . . suspended sentence. Upon its finding that the conditions were violated, the superior court shall enforce the judgment of the lower court unless the judge finds as a fact that circumstances and conditions surrounding the terms of the probation and the violation thereof have substantially changed, so that enforcement of the judgment of the lower court would not accord justice to the defendant, in which case the judge may modify or revoke the terms of the probationary or suspended sentence in the court’s discretion . ””

quoted by 1 later decision, including State v. Cash

Relies on State v. Davis · State v. Barrett

Good law ✅— No negative treatment on recordhow we know

Decided 1956-06-06

View the full empirical analysis of this case →

Per Curiam.

¶1 G.S. 15-200.1 provides that: “In all cases where a suspended sentence theretofore entered in a court inferior to the Superior Court, is invoked by the court inferior to the Superior Court, the defendant shall have the right to appeal therefrom to the Superior Court, and, upon such appeal, the matter shall be heard de novo, but only upon the issue of whether or not there has been a violation of the terms of the suspended sentence . . .” See 1951 Session Laws of N. C., Chapter 1038. S. v. Barrett, 243 N.C. 686, 91 S.E. 2d 917; S. v. Davis, 243 N.C. 754, 92 S.E. 2d 177.

¶2 It appearing the instant matter was not heard de novo by the Superior court, on appeal thereto, as required by G.S. 15-200.1, the judgment putting the sentence into execution is set aside, and the cause remanded to Superior Court of Alamance County for further hearing in accordance with law.

¶3 Error and remanded.

Johnson, J., took no part in the consideration or decision of this case.