[Download] "In re Meyers" by Court of Appeals of North Carolina No. 7419DC1006 " Book PDF Kindle ePub Free
eBook details
- Title: In re Meyers
- Author : Court of Appeals of North Carolina No. 7419DC1006
- Release Date : January 07, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 48 KB
Description
[25 NCApp Page 557] In a criminal action [w]here prayer for judgment is continued and no conditions are imposed, there is no judgment, no appeal will lie, and the case remains in the trial court for appropriate action upon motion of the solicitor. State v. Pledger, 257 N.C. 634, 638, 127 S.E.2d 337, 340 (1962). In a juvenile proceeding, however, the statute, G.S. 7A-289, expressly provides that an appeal may be taken from an adjudication or from any order of disposition. (Emphasis added.) As was pointed out in the opinion on the prior appeal of this case, the statute is intended to remedy the long-standing practice of indefinite continuations of disposition of juvenile cases. We held on the prior appeal that where the time lapse between adjudication and order of disposition is short and reasonable and for a specific purpose, appeal should be delayed until the disposition. In the present posture of this case, there has been an adjudication of delinquency but the order of disposition has been indefinitely delayed. Therefore, this appeal from the adjudication of delinquency may now be maintained.