State v. . Smith

It does not appear from the record that the defendant was offered an opportunity in open court to be heard upon the question as to whether he had violated the conditions upon which the original judgment was suspended. Neither is there evidence or finding of fact to the effect that any of said conditions had been violated.

The exception of the defendant to the judgment appealed from is sustained. S. v. Hardin, 183 N. C., 815, 112 S. E., 593; S. v. Phillips, 185 N. C., 614, 115 S. E., 893; S. v. Gooding, 194 N. C., 271, 139 S. E., 436.

Costs constitute no part of the punishment of the defendant.…