State v. Shepherd

The question posed is the sufficiency of the record to support the judgment.

It must be conceded that some dubiety arises in respect of the intent, scope and purpose of the hearing before the trial court as the transcript is contradictory on the subject. The defendant contends that his plea of nolo contendere was a conditional one with the ultimate issue of his guilt or innocence to be determined by the court. He now concedes that such procedure was ill advised and should be held for naught. S. v. Camby, 209 N.C. 50, 182 S.E. 715. The court seems to have had a different understanding of the…