State v. Curry

218 S.E.2d 374 (1975)

288 N.C. 312

STATE of North Carolina

v.

Roger Dale CURRY.

No. 43

Supreme Court of North Carolina.

October 7, 1975.

Rufus L. Edmisten, Atty. Gen., William F. O'Connell, Asst. Atty. Gen., and Robert R. Reilly, Associate Atty., Raleigh, for the State.

Eubanks, Villegas & Reavis by Larry L. Eubanks, Winston-Salem, for defendant-appellant.

EXUM, Justice.

Although defendant in the Court of Appeals did not direct any assignment of error to the point, the State in its brief before that court took the position, as it does now before us, that Judge Wood erred in sentencing defendant as if he…