STATE v. BENFIELD

No. 168.

140 S.E.2d 706 (1965)

264 N.C. 75

STATE v. Donald BENFIELD.

Supreme Court of North Carolina.

March 17, 1965.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, and Deputy Atty. Gen. Harvey W. McGalliard, for the State.

Robert E. Gaines, Gastonia, for defendant appellant.


PER CURIAM.

Defendant was represented in both the hearing below and now by counsel other than the attorney who represented him in February 1964. The record and "appeal" were docketed here on January 26, 1965, less than 60 days from the rendition of the judgment denying defendant relief. We treat the "appeal" as an application for a writ of certiorari. The application is granted.

Judge Campbell denied defendant's prayer for a new trial on these findings: The...

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