[Download] "North Carolina v. Locklear" by Court of Appeals of North Carolina No. 7818SC903 # Book PDF Kindle ePub Free

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eBook details

• Title: North Carolina v. Locklear
• Author : Court of Appeals of North Carolina No. 7818SC903
• Release Date : January 31, 1979
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

[42 NCApp Page 488] The appellant first assigns error to the trial court's conclusion that the surety showed extraordinary cause for remission of the judgment. G.S. 15A-544(h) provides that [f]or extraordinary cause shown, the court which has entered judgment upon a forfeiture of a bond may, after execution, remit the judgment in whole or in part and order the clerk to refund such amounts as the court considers appropriate. The trial court concluded upon [42 NCApp Page 489] uncontroverted evidence that the efforts made by Mr. John Lee amount to extraordinary cause shown under the provisions of Chapter 15A, Section 544 of the General Statutes of the State of North Carolina. We cannot say that the court was in error in so concluding. The efforts of the bondsman, while not dramatic, did result in the principal's detention on the charge for which the bond had secured the principal's appearance. The goal of the bonding system is the production of the defendant, not increased revenues for the county school fund, see Watts, The Pretrial Criminal Procedure Act: The Subchapter on Custody, 10 W.F.L. Rev. 417, 461-62 (1974), and in this case the surety's efforts led directly to achieving that goal. Appellant's first assignment of error is overruled.

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