State v. Edmonds

BRITT, Judge.

Defendant’s only assignment of error is that the trial court erred in signing and entering the second judgment and commitment without specifically vacating or striking the prior judgment duly signed and entered at the same session (term). We hold that the court .did not err.

Defendant recognizes, and authorities support, the principle that during a session of the court a judgment is in fieri and the court has authority in its sound discretion, prior to expiration of the session, to modify, amend or set aside the judgment. 5 Strong’s N. C. Index 2d, Judgments, § 6, pp. 14-15;…