Legal Opinion
State v. Smith
Supreme Court of North Carolina
Decided July 23, 1965No. 413PublishedCited by 37 opinions
1Opinion of the CourtShaep, J.
Defendant is not precluded by his plea of nolo contendere from prosecuting this appeal, United States v. Bradford, 160 F. 2d 729 (2d Cir.), as he would not have been by a plea of guilty. For the purpose of this case only, that plea has the effect of a plea of guilty. Fox v. Scheidt, 241 N.C. 31, 84 S.E. 2d 259; 22 C.J.S., Criminal Law § 425(4) (1961). In State v. Warren, 113 N.C. 683, 684, 18 S.E. 498, 498, it is said:
“The defendant having pleaded guilty, his appeal could not call in question the facts charged, nor the regularity and correctness in form of the warrant. i:' * * The appeal…
2Cases cited25 opinions
- Skinner v. Oklahoma Ex Rel. WilliamsonSupreme Court of the United States · 1942
- Chicot County Drainage District v. Baxter State BankSupreme Court of the United States · 1940
- State v. BallanceSupreme Court of North Carolina · 1949
- State v. . BallanceSupreme Court of North Carolina · 1949
- McIntyre v. ClarksonSupreme Court of North Carolina · 1961
20 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Jackson v. Guilford County Board of AdjustmentSupreme Court of North Carolina · 1969
- Williams v. Blue Cross Blue Shield of NCSupreme Court of North Carolina · 2003
- In Re: Joseph Lee MooreSupreme Court of North Carolina · 1976
- State v. LeeSupreme Court of North Carolina · 1970
- State v. GradySupreme Court of North Carolina · 2019
32 more not listed; retrieve them via the Exa API.