State v. Cooper

We deem it advisable to make certain observations at the outset. The plea of nolo contendere entered by the defendant and accepted by the solicitor with the approval of the presiding judge was absolute in character. This being true, there is no basis for the contention of the defendant that his plea of nolo contendere was a conditional one with the ultimate issue of his guilt or innocence to be determined by the presiding judge. It necessarily follows that the decisions condemning conditional pleas of nolo, contendere are not germane to the case in hand. S. v. Horne, 234 N.C. 115, 66 S.E. 2d…