WHEDBEE v. POWELL

No. 7815SC770.

254 S.E.2d 645 (1979)

Rosbon Daniel WHEDBEE, Petitioner, v. Edward POWELL, Commissioner of Motor Vehicles and the State of North Carolina, Respondent.

Court of Appeals of North Carolina.

May 15, 1979.


Attorney(s) appearing for the Case

Perry Martin, Rich Square, for petitioner-appellee.

Atty. Gen. Rufus L. Edmisten by Deputy Atty. Gen. William W. Melvin and Asst. Atty. Gen. William B. Ray, Raleigh, for the North Carolina Division of Motor Vehicles, appellant.


PARKER, Judge.

The judgment appealed from was predicated entirely upon Judge Farmer's conclusion that Judge Canaday's judgment entered 4 September 1975 in criminal case No. 74CR5767 was void as a matter of law. We find that conclusion to be in error and reverse.

The inherent power of the court after a plea of guilty or conviction in a criminal case to suspend judgment, or, as it is now more frequently expressed, to direct that prayer for judgment be continued...

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