Whedbee v. Powell

PARKER, Judge.

The judgment appealed from was predicated entirely upon Judge Farmer’s conclusion that Judge Canaday’s judgment entered 4 September 1975 in criminal case No. 74CR5767 was void as a matter of law. We find that conclusion to be in error and reverse.

The inherent power of the court after a plea of guilty or conviction in a criminal case to suspend judgment, or, as it is now more frequently expressed, to direct that prayer for judgment be continued, has long been recognized in this jurisdiction. State v. Miller, 225 N.C. 213, 34 S.E. 2d 143 (1945); State v. Everitt, 164 N.C. 399, 79…