STATE v. ANDERSON

No. 6928SC323.

169 S.E.2d 38 (1969)

5 N.C. App. 614

STATE of North Carolina v. Horace ANDERSON.

Court of Appeals of North Carolina.

August 13, 1969.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. Jean A. Benoy and Sp. Asst. Atty. Gen. Thomas J. Bolch for the State.

Sanford W. Brown, Asheville, for defendant appellant.


BRITT, Judge.

The first question presented is whether the superior court erred in overruling defendant's plea of former jeopardy, based upon the proceedings in the county court.

So far as the record indicates, the misdemeanor charge of assault on a female remains pending in the superior court, on appeal de novo from the county court. "When the effect of an appeal is to transfer the entire record to the appellate court, and to cause the action to be...

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