(DOWNLOAD) "North Carolina v. Pratt" by Court of Appeals of North Carolina " eBook PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Pratt
- Author : Court of Appeals of North Carolina
- Release Date : January 15, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Many cases involving the revocation of suspended sentences and probation judgments have found their way to the appellate courts of this State. A review of a representative number of those cases leads us to conclude that an accurate statement of the law on the question of revocation of probation is as follows: A proceeding to revoke probation is not a criminal prosecution but is a proceeding solely for the determination by the court whether there has been a violation of a valid condition of probation so as to warrant putting into effect a sentence theretofore entered; and while notice in writing to defendant, and an opportunity for him to be heard, are necessary, the court is not bound by strict rules of evidence, and all that is required is that there be competent evidence reasonably sufficient to satisfy the judge in the exercise of a sound judicial discretion that the defendant had, without lawful excuse, willfully violated a valid condition of probation. State v. Hewett, 270 N.C. 348, 154 S.E.2d 476 (1967); State v. Morton, 252 N.C. 482, 114 S.E.2d 115 (1960); State v. McMilliam, 243 N.C. 775, 92 S.E.2d 205 (1956); State v. Sawyer, 10 N.C. App. 723, 179 S.E.2d 898 (1971).
 "North Carolina v. Pratt" by Court of Appeals of North Carolina " eBook PDF Kindle ePub Free){kind=link}