Legal Opinion

State v. Boggs

Court of Appeals of North Carolina

Decided October 25, 1972No. 7215SC753PublishedCited by 5 opinions

1Opinion of the Court

MALLARD, Chief Judge.

The defendant’s only assignment of error is that the trial judge committed error “in revoking defendant’s probation for knowingly and wilfully failing to avoid persons or places of disreputable or harmful character.”

A person convicted of crime is not given a right to probation by the United States Constitution nor by the North Carolina Constitution. State v. Hewett, 270 N.C. 348, 154 S.E. 2d 476 (1967). Probation or suspension of sentence comes as an act of grace to one convicted of crime, and the offender’s rights in a proceeding to revoke his conditional liberty under…

2Cases cited9 opinions

  1. Escoe v. ZerbstSupreme Court of the United States · 1935
  2. Burns v. United StatesSupreme Court of the United States · 1932
  3. State v. HewettSupreme Court of North Carolina · 1967
  4. State v. CaudleSupreme Court of North Carolina · 1970
  5. State v. ColeSupreme Court of North Carolina · 1955

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. MonroeCourt of Appeals of North Carolina · 1986
  2. State v. DebnamCourt of Appeals of North Carolina · 1974
  3. Scroggins v. StateCourt of Appeals of Texas · 1991
  4. State v. GuinnCourt of Appeals of North Carolina · 2022
  5. State v. GuinnCourt of Appeals of North Carolina · 2022

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