State v. Saults

COPELAND, Justice.

Defendant contends that the findings of fact made by the trial judge do not support his conclusion of law. We agree.

*322Findings of fact are binding and are conclusive on appeal when they are supported by competent evidence. State v. Stepney, 280 N.C. 306, 185 S.E. 2d 844 (1972); State v. Hedgebeth, 228 N.C. 259, 45 S.E. 2d 563 (1947), cert. dismissed, 334 U.S. 806 (1948). The findings of fact must support and justify the conclusion of law. State, ex rel. Glamorgan Pipe and Foundry Co. v. Benfield, 266 N.C. 342, 145 S.E. 2d 912 (1966).

Here, Judge Kirby’s findings of fact number…