State v. Bonds

MARTIN (Harry C.), Judge.

Except as hereinafter set out, we affirm our opinion previously filed in this matter reported at 43 N.C. App. 467, 259 S.E. 2d 377 (1979).

Defendant contends that he was present with his counsel in the courthouse in Lumberton, Robeson County, 9 December 1978 when Judge Bruce entered the second judgment against him. For this reason defendant contends that when this Court held the 9 December 1978 judgment a nullity, we did so under a mistake of fact. The record on appeal before this Court on 25 October 1979 did not indicate in any way that defendant was present before…