State v. Simmington

When the judge of the municipal-county court adjudged that defendant had breached the conditions upon which execution was suspended, his remedy as now provided by G.S. 15-200.1, was by appeal.

But he contends that his complaint is not directed to the order placing him in custody and hence this statute is not applicable. He moved to vacate the conditions imposed, and it is from the order denying this motion that he seeks relief. The only method available to him for seeking a review of that order was by petition for writ of certiorari. So he asserts.

We may concede the correctness of his position…