{
  "id": 11305012,
  "name": "STATE OF NORTH CAROLINA v. FRANK SAMUEL COOK",
  "name_abbreviation": "State v. Cook",
  "decision_date": "1974-07-03",
  "docket_number": "No. 7427SC426",
  "first_page": "353",
  "last_page": "355",
  "citations": [
    {
      "type": "official",
      "cite": "22 N.C. App. 353"
    }
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
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    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
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    {
      "cite": "97 S.E. 2d 855",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1957,
      "opinion_index": 0
    },
    {
      "cite": "246 N.C. 169",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8625161
      ],
      "year": 1957,
      "opinion_index": 0,
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        "/nc/246/0169-01"
      ]
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    {
      "cite": "127 S.E. 2d 337",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1962,
      "opinion_index": 0
    },
    {
      "cite": "257 N.C. 634",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8569760
      ],
      "year": 1962,
      "opinion_index": 0,
      "case_paths": [
        "/nc/257/0634-01"
      ]
    }
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  "analysis": {
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  "last_updated": "2023-07-14T16:09:41.671000+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge Brock and Judge Baley concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. FRANK SAMUEL COOK"
    ],
    "opinions": [
      {
        "text": "BRITT, Judge.\nDefendant\u2019s sole assignment of error is that the court erred in entering the judgments. This assignment presents the case for review for error appearing on the face of the record. 3 Strong N. C. Index 2d, Criminal Law, \u00a7 161, page 112.\nWith respect to the charges of driving under the influence and driving after permanent revocation of operator\u2019s license, the record proper discloses no error. Therefore, the verdicts and judgments as to those charges are not disturbed.\nWith respect to the charge of driving with an expired license plate, the record reveals that in district court prayer for judgment was continued for twelve months. That case was not appealable from the district court to the superior court, nor from the superior court to this court.\nIt is well settled in this State that prayer for judgment may be continued from session to session without defendant\u2019s consent if no conditions are imposed; that when prayer for judgment is continued, there is no judgment and no appeal will lie. State v. Pledger, 257 N.C. 634, 127 S.E. 2d 337 (1962) ; Barbour v. Scheidt, Comr. of Motor Vehicles, 246 N.C. 169, 97 S.E. 2d 855 (1957).\nFor the reasons stated, as to the charge of driving with expired license plate, the verdict returned and judgment entered in the superior court are vacated, and the case is remanded to the superior court with directions to remand the case to the district court.\nIn cases numbered 73CR6621 and 73CR6624, no error.\nIn case no. 73CR6625, judgment vacated and cause remanded.\nChief Judge Brock and Judge Baley concur.",
        "type": "majority",
        "author": "BRITT, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan, by Deputy Attorney General R. Bruce White, Jr., and Assistant Attorney General Guy A. Hamlin, for the State.",
      "Wilson & Lafferty, P.A., by John O. Lafferty, Jr., for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. FRANK SAMUEL COOK\nNo. 7427SC426\n(Filed 3 July 1974)\nCriminal Law \u00a7\u00a7 142, 148 \u2014 prayer for judgment continued \u2014 no appeal\nPrayer for judgment may be continued from session to session without defendant\u2019s consent if no conditions are imposed, and when prayer for judgment is continued there is no judgment and no appeal will lie.\nAppeal by defendant from Snepp, Judge, 7 January 1974 Regular Criminal Session of Superior Court held in Lincoln County.\nBy separate warrants issued from district court on 12 November 1973, defendant was charged with operating a motor vehicle on a public highway in North Carolina (1) while under the influence of intoxicants, seventh offense, (2) while his operator\u2019s license was permanently revoked, and (3) with an expired license plate. In district court, he was found guilty of all charges and appealed to superior court.\nIn superior court, on pleas of not guilty, defendant was found guilty of (1) driving under the influence of intoxicants, third offense, (2) driving after his license had been permanently revoked, and (3) driving with expired license plate. From judgments imposing prison sentences, he appealed.\nAttorney General Robert Morgan, by Deputy Attorney General R. Bruce White, Jr., and Assistant Attorney General Guy A. Hamlin, for the State.\nWilson & Lafferty, P.A., by John O. Lafferty, Jr., for defendant appellant."
  },
  "file_name": "0353-01",
  "first_page_order": 385,
  "last_page_order": 387
}