In re Byers

In the Court of Appeals, respondent assigned as error the denial of his motion to dismiss for lack of evidence. He did not raise that issue before this Court and ordinarily this assignment of error would be deemed to be abandoned. However, in reviewing a decision of the Court of Appeals, it is our duty to determine the correctness of that decision and in the exercise of our supervisory powers we may pass upon any relevant issue, even when that issue is not properly presented. See, State v. Williams, 274 *258N.C. 328, 163 S.E. 2d 353 (1968). We elect to consider respondent’s motion to dismiss.

A…