STATE v. COX

No. 87.

144 S.E.2d 63 (1965)

265 N.C. 344

STATE of North Carolina v. Leslie COX.

Supreme Court of North Carolina.

September 22, 1965.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., James F. Bullock, Asst. Atty. Gen., for the State.

Roberts & Wooten, Greenville, for defendant appellant.


PER CURIAM.

On the face of the record there appears a fatal error which the Court will notice ex mero motu. State v. Dunston, 256 N.C. 203, 123 S.E.2d 480. This case is controlled by State v. Muse, 219 N.C. 226, 13 S.E.2d 229, in which the Court said:

"When a defendant in a criminal prosecution in the Superior Court enters a plea of not guilty he may not, without changing his plea...

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