State v. Brincefield
Court of Appeals of North Carolina
APPEAL by defendant from McLelland, Judge. Judgments entered 11 October 1978 in Superior Court, ALAMANCE County. Heard in the Court of Appeals 22 August 1979. Defendant was tried upon charges of assault with intent to commit rape and felonious breaking or entering. The jury found defendant guilty of the assault charge and of non-felonious breaking or entering. Judgments of imprisonment were entered and defendant appealed.
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APPEAL by defendant from McLelland, Judge. Judgments entered 11 October 1978 in Superior Court, ALAMANCE County. Heard in the Court of Appeals 22 August 1979. Defendant was tried upon charges of assault with intent to commit rape and felonious breaking or entering. The jury found defendant guilty of the assault charge and of non-felonious breaking or entering. Judgments of imprisonment were entered and defendant appealed. The record shows that defendant was represented by counsel of his choice in the district court. On 12 September 1978, defendant’s counsel was allowed to withdraw and…
1Opinion of the Court
MARTIN (Harry C.), Judge.
[1] Defendant contends the trial court did not comply with N.C.G.S. 15A-1242 and 15A-1243. Section 1242 allows a defendant to go to trial without the assistance of counsel where the trial judge makes thorough inquiry and is satisfied defendant (1) has been advised of his right to the assistance of counsel and right to appointed counsel; (2) understands the consequences of his decision; and (3) comprehends the nature of the charges and the range of permissible punishments.
Judge McLelland was the trial judge and also presided at the pretrial hearings of defendant when…
2Cases cited7 opinions
- Faretta v. CaliforniaSupreme Court of the United States · 1975
- State v. MemsSupreme Court of North Carolina · 1972
- State v. . HamSupreme Court of North Carolina · 1944
- State v. HamSupreme Court of North Carolina · 1944
- State v. . PritchardSupreme Court of North Carolina · 1947
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State v. ThomasSupreme Court of North Carolina · 1992
- State v. SheppardWest Virginia Supreme Court · 1983
- State v. LaytonWest Virginia Supreme Court · 1993
- State v. BrooksCourt of Appeals of North Carolina · 1980
- State v. RogersCourt of Appeals of North Carolina · 2008
3 more not listed; retrieve them via the Exa API.