1. Criminal Law 63 — No appeal lies from an order that a suspended judgment be executed upon findings that defendant had violated one of the conditions of suspension.
2. Criminal Law 67a — Where the Superior Court has no jurisdiction of an attempted appeal from the Recorder's Court, the Supreme Court can acquire no jurisdiction by further appeal.
JOHNSON, J., took no part in the consideration or decision of this case.
Defendant was convicted in the Recorder's Court of Moore County for a violation of the Motor Vehicle Law. The judgment pronounced was suspended on specified conditions. Thereafter the judgment was invoked for breach of one of the conditions imposed. Defendant appealed to the Superior Court. The court below dismissed the appeal for want of jurisdiction and defendant appealed.
PER CURIAM.
The judgment of the court below dismissing defendant's purported appeal from the county court must be affirmed on authority of S. v. King, 222 N.C. 137, 22 S.E.2d 241; S. v. Miller, 225 N.C. 213, 34 S.E.2d 143; and S. v. Farrar, 226 N.C. 478, 38 S.E.2d 193. Since the court below had no jurisdiction to hear the appeal, we have none. Shepard v. Leonard, 223 N.C. 110, 25 S.E.2d 445. Therefore, we have no authority, on this appeal, to entertain defendant's motion in arrest of judgment.
Appeal dismissed.
JOHNSON, J., took no part in the consideration or decision of this case.