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STATE v. BOOKER

No. 511.

108 S.E.2d 426 (1959)

250 N.C. 272

STATE of North Carolina v. Sudie Smith BOOKER.

Supreme Court of North Carolina.

May 6, 1959.

Attorney(s) appearing for the Case

Malcolm B. Seawell, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., and Bernard A. Harrell, Raleigh, of Staff for the State.

Taylor & Mitchell, Raleigh, for defendant appellant.

RODMAN, Justice.

Unless error was committed in the trial as it relates to the charge of larceny, a felony, defendant does not seek another trial on the charge of breaking and entering. If error existed with respect to that count, it would be harmless, and another trial on that count might result in a consecutive sentence and hence be prejudicial to defendant. State v. Riddler, 244 N.C. 78, 92 S.E.2d 435<...

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