STATE v. COURTNEY

No. 220.

103 S.E.2d 861 (1958)

248 N.C. 447

STATE v. Donald Eugene COURTNEY.

Supreme Court of North Carolina.

June 4, 1958.


Attorney(s) appearing for the Case

George B. Patton, Atty. Gen. and Harry W. McGalliard, Asst. Atty. Gen., for the State.

Amon M. Butler, James B. Ledford and L. Glen Ledford, Charlotte, for defendant, appellant.


BOBBITT, Justice.

The only exceptive assignment of error is that the verdict does not support the judgment. Defendant contends that, since there was no jury finding that he was a man or boy over 18 years of age at the time of the alleged assault, the maximum legal sentence was a fine not in excess of $50 or imprisonment for a term not in excess of 30 days.

According to the agreed case on appeal, the undisputed evidence was that the alleged assault occurred...

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