Legal Opinion

State v. Toler

Court of Appeals of North Carolina

Decided May 9, 1973No. 732SC283Published

1Opinion of the Court

PARKER, Judge.

We have carefully examined all assignments of error and have considered all questions discussed in defendant’s brief and find no prejudicial error in defendant’s trial or in the judgment imposed. There was ample evidence to sustain the verdict. The sentence imposed was within statutory limits. G.S. 20-28; G.S. 14-3. It was permissible for the Superior Court to impose a sentence in excess of the one imposed in the District Court. State v. Tuggle, 17 N.C. App. 329, 194 S.E. 2d 50.

No error.

Judges Brock and Britt concur.

2Cases cited1 opinion

  1. State v. TuggleCourt of Appeals of North Carolina · 1973