State v. Midgett

It is settled law in North Carolina that the imposition in a given case of a greater sentence in the Superior Court Division upon trial de novo than was imposed in the District Court Division is constitutionally permissible. State v. Spencer, 7 N.C. App. 282, 172 S.E. 2d 280 (1970), (Affirmed, North Carolina Supreme Court, 13 May 1970). This assignment of error has no merit.

The motion to quash the supplemental jury venire is directed to the sound discretion of the trial court, and in the absence of evidence of abuse of discretion will not be disturbed on appeal. State v. Oxentine, 270 N.C.…