State v. Kelly

The Attorney General’s petition for certiorari is directed only to the modification of the trial court’s judgment as to punishment. Defendant does not bring forward and argue in his brief any other assignment of error as required by the Rules of Practice in the Supreme Court, Supplementary Rule 7. Thus, the sole question presented by this appeal is whether the North Carolina Court of Appeals erred by modifying the judgment so as to reduce the grade of offense to a misdemeanor and so as to reduce the maximum period of defendant’s sentence to two years’ imprisonment. This question is squarely…