State v. Horne

Stacy, O. J.

Tbe question for decision is whether tbe record supports tbe judgment.

In its essential features, tbe case is strangely similar to S. v. Shepherd, 230 N.C. 605, 55 S.E. 2d 79. There, tbe defendant contended that bis plea of nolo contendere was a conditional one with tbe ultimate issue of bis guilt or innocence to be determined by tbe court. Tbe same contention is made here. There, it was conceded on appeal that sucb a plea was ill advised or improvident under tbe case of S. v. Camby, 209 N.C. 50, 182 S.E. 715. Tbe same conclusion is made here.

While tbe court was constrained to…