State v. Bolden

The defendant appeals from a sentence to 4 years imprisonment for robbery. His assignments of error relate to the evidence at the preliminary hearing, his identification by the prosecuting witness, and a requested instruction which was refused.

The defendant contends the trial court erred in overruling his plea in abatement challenging the sufficiency of the evidence at the preliminary hearing to support a finding of probable cause. We have recently held that any error in such a ruling is cured if the evidence at the trial is sufficient to sustain a finding of guilty. State v. Franklin, 194…