State v. . Smith

146 S.E. 73, 196 N.C. 438, 1929 N.C. LEXIS 6

Opinion

Brogden, J.

It does not appear from the record that the defendant was offered an opportunity in open court to be heard upon the question as to whether he had violated the conditions upon which the original judgment was suspended. Neither is there evidence or finding of fact to the effect that any of said conditions had been violated.

The exception of the defendant to the judgment appealed from is sustained. S. v. Hardin, 183 N. C., 815, 112 S. E., 593; S. v. Phillips, 185 N. C., 614, 115 S. E., 893; S. v. Gooding, 194 N. C., 271, 139 S. E., 436.

Costs constitute no part of the punishment of the defendant. S. v. Crook, 115 N. C., 760, 20 S. E., 513.

Liability for costs in criminal cases is regulated by 0. S., 1268-12Y0. These sections provide in substance that a defendant upon failing to pay costs may be imprisoned “until the costs shall be paid, or until he shall otherwise be discharged according to law.”

Error.