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N.C.App.1 COURT OF APPEALS 539
State v. Pratt
officer where the competent evidence before the court showed only
that on eight or ten occasions defendant was not found at the place
that was supposed to be her residence, and the evidence which tended
to show that she had established her residence elsewhere was hearsay.
APPEAL by defendant from Seay, Judge, 22 October 1973
Session of Superior Court held in MONTGOMERCYo unty.
Defendant appeals from an order revoking her probation
and activating a prison sentence. The record reveals:
At the 8 October 1969 Session of Superior Court held in
Montgomery County, defendant pleaded guilty to the violation
of a prohibition law. The court entered judgment imposing an
18 months prison sentence, suspended on condition defendant
be placed on probation for five years. The terms of probation
included a provision that defendant "Remain within a specified
area and shall not change place of residence without written
consent of the probation officer."
On 22 October 1973, Probation Officer Sandra Pugh re-ported
to the court, in writing, that defendant had willfully and
without lawful excuse violated the terms of her probationary
judgment in the following respect :
"That on or about September 1, 1972, subject left her
residence at Route 1, Box 1-F, Candor, N. C. and changed
her place of residence to an unknown address without secur-ing
the written consent of the probation officer in violation
of the condition of probation that she shall 'Remain within
a specified area and shall not change place of residence
without the written consent of the probation officer.' "
FoIlowing proper notice, the court conducted a hearing
after which it entered an order finding as a fact that defendant
had willfully violated the conditions of her probation by chang-ing
her address without securing the written consent of the
probation officer and, in its discretion, revoked defendant's pro-bation
and activated the prison sentence. Defendant appealed.
Attorney General Robert Morgan, by Associate Attorney
Kenneth B. Oettinger, for the State.
Smith & Thigpen, by Dock G. Smith, Jr., and Frank C. Thig-pen,
for defendant appellant.
Object Description
| Title | North Carolina Court of Appeals Reports [v.021, March 6, 1974 - June 5, 1974] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 21, March 6, 1974 - June 5, 1974. Cited as 21 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 31.9 MB; 832 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_021.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 567 |
| Full Text | N.C.App.1 COURT OF APPEALS 539 State v. Pratt officer where the competent evidence before the court showed only that on eight or ten occasions defendant was not found at the place that was supposed to be her residence, and the evidence which tended to show that she had established her residence elsewhere was hearsay. APPEAL by defendant from Seay, Judge, 22 October 1973 Session of Superior Court held in MONTGOMERCYo unty. Defendant appeals from an order revoking her probation and activating a prison sentence. The record reveals: At the 8 October 1969 Session of Superior Court held in Montgomery County, defendant pleaded guilty to the violation of a prohibition law. The court entered judgment imposing an 18 months prison sentence, suspended on condition defendant be placed on probation for five years. The terms of probation included a provision that defendant "Remain within a specified area and shall not change place of residence without written consent of the probation officer." On 22 October 1973, Probation Officer Sandra Pugh re-ported to the court, in writing, that defendant had willfully and without lawful excuse violated the terms of her probationary judgment in the following respect : "That on or about September 1, 1972, subject left her residence at Route 1, Box 1-F, Candor, N. C. and changed her place of residence to an unknown address without secur-ing the written consent of the probation officer in violation of the condition of probation that she shall 'Remain within a specified area and shall not change place of residence without the written consent of the probation officer.' " FoIlowing proper notice, the court conducted a hearing after which it entered an order finding as a fact that defendant had willfully violated the conditions of her probation by chang-ing her address without securing the written consent of the probation officer and, in its discretion, revoked defendant's pro-bation and activated the prison sentence. Defendant appealed. Attorney General Robert Morgan, by Associate Attorney Kenneth B. Oettinger, for the State. Smith & Thigpen, by Dock G. Smith, Jr., and Frank C. Thig-pen, for defendant appellant. |
