State v. Robinson

Supreme Court of North Carolina

State v. Robinson

61 S.E.2d 106, 232 N.C. 418, 1950 N.C. LEXIS 537

CourtSupreme Court of North Carolina

DecidedSeptember 27, 1950

Docket146

StatusPublished

Cited by2 cases

This text of 61 S.E.2d 106 (State v. Robinson) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Robinson, 61 S.E.2d 106, 232 N.C. 418, 1950 N.C. LEXIS 537 (N.C. 1950).

Pincite

Opinion

*419 DeNNY, J.

Tbe defendant contends be bas complied witb tbe terms and conditions upon wbicb tbe original judgment was suspended, and tbat bis contention is supported by tbe finding of tbe court to tbe effect tbat be paid tbe costs of tbe action and contributed to tbe support of bis wife and cbildren all sums received by bim from tbe Veterans Administration since tbe suspension of tbe judgment.

Undoubtedly the court intended to require the defendant to contribute to the support of bis wife and children each month, during the period of suspension, a sum equal to that be was then receiving from the Veterans Administration on account of bis dependents, but unfortunately the conditions upon which the judgment was suspended were not so stipulated. We think the contention of the defendant must be upheld. This seems to be a case where the defendant wins in this particular round on a “technical knockout.” S. v. Miller, 225 N.C. 213, 34 S.E. 2d 143.

Let tbe judgment be vacated.

Judgment vacated.

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*419 DeNNY, J.

Tbe defendant contends be bas complied witb tbe terms and conditions upon wbicb tbe original judgment was suspended, and tbat bis contention is supported by tbe finding of tbe court to tbe effect tbat be paid tbe costs of tbe action and contributed to tbe support of bis wife and cbildren all sums received by bim from tbe Veterans Administration since tbe suspension of tbe judgment.

Undoubtedly the court intended to require the defendant to contribute to the support of bis wife and children each month, during the period of suspension, a sum equal to that be was then receiving from the Veterans Administration on account of bis dependents, but unfortunately the conditions upon which the judgment was suspended were not so stipulated. We think the contention of the defendant must be upheld. This seems to be a case where the defendant wins in this particular round on a “technical knockout.” S. v. Miller, 225 N.C. 213, 34 S.E. 2d 143.

Let tbe judgment be vacated.

Judgment vacated.

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Bluebook (online)

61 S.E.2d 106, 232 N.C. 418, 1950 N.C. LEXIS 537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-robinson-nc-1950.

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