STATE v. PAYNE

Nos. 511 and 515.

138 S.E.2d 765 (1964)

263 N.C. 77

STATE v. Clarke Eugene PAYNE. STATE v. Willard Ray MARTIN, Jr.

Supreme Court of North Carolina.

November 25, 1964.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., and Theodore C. Brown, Asst. Atty. Gen., for the State.

Graham M. Carlton, Salisbury, for defendant appellants.


HIGGINS, Justice.

In the trial, neither defendant was represented by counsel. The court made inquiry and ascertained the defendant Payne was not indigent and that the defendant Martin, though a minor, had access to guardian funds and hence was not indigent. The court refused to appoint counsel. Upon arraignment, each defendant was called by the solicitor to his table and each thereafter tendered a plea of nolo contendere which the solicitor accepted. The record fails...

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