Legal Opinion

State v. Smith

Supreme Court of North Carolina

Decided May 6, 1980No. 46PublishedCited by 618 opinions

1Opinion of the Court

BRITT, Justice.

At the outset we note that this appeal should have been filed in the Court of Appeals since the minimum sentence imposed is less than life imprisonment. State v. Ferrell, 300 N.C. 157, 265 S.E. 2d 210 (1980). Even so, we treat the papers filed by defendant in this court as a motion to bypass the Court of Appeals, allow the motion, and consider the case on the merits. G.S. 7A-31.

Defendant contends first that the trial court erred in proceeding to try him without first having conducted a formal arraignment. This contention has no merit.

The conducting of arraignments is dictated…

2Cases cited31 opinions

  1. Wainwright v. SykesSupreme Court of the United States · 1977
  2. State v. FulcherSupreme Court of North Carolina · 1978
  3. Thompson v. Wake County Board of EducationSupreme Court of North Carolina · 1977
  4. State v. AtkinsonSupreme Court of North Carolina · 1969
  5. State v. PopeSupreme Court of North Carolina · 1962

26 more not listed; retrieve them via the Exa API.

3Cited by618 opinions

  1. State v. EarnhardtSupreme Court of North Carolina · 1982
  2. State v. RogersSupreme Court of North Carolina · 1986
  3. State v. HillSupreme Court of North Carolina · 1984
  4. State v. BullardSupreme Court of North Carolina · 1984
  5. State v. BrownSupreme Court of North Carolina · 1984

613 more not listed; retrieve them via the Exa API.

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