No. 6924SC189.

167 S.E.2d 6 (1969)

4 N.C. App. 517

STATE of North Carolina v. Sammy Jay WADDELL.

Court of Appeals of North Carolina.

April 30, 1969.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., by Millard R. Rich, Jr., Asst. Atty. Gen., for the State.

Cecil C. Jackson, Jr., Asheville, for defendant.

BROCK, Judge.

The Record on Appeal discloses that defendant appeared in Superior Court and entered his pleas of guilty without counsel. However, the record is silent as to whether he was able to employ counsel, whether he was indigent, whether he requested appointment of counsel, or whether he waived his right to counsel. "Waiver of counsel may not be presumed from a silent record. `The record must show, or there must be an allegation and evidence which show, that...

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