STATE v. SPARROW

No. 15.

173 S.E.2d 897 (1970)

276 N.C. 499

STATE of North Carolina v. Marvin Ray SPARROW, Katherine Taft Sparrow, and Britton Oxidine, Jr.

Supreme Court of North Carolina.

May 13, 1970.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Atty. Burley B. Mitchell, Jr., Raleigh, for the State.

Casey & Daly, by George S. Daly, Jr., and Chambers, Stein, Ferguson & Lanning, by Adam Stein, Charlotte, for defendants-appellants; Taft, Stettinius & Hollister, by Thomas Allman, Cincinnati, Ohio, of counsel.


MOORE, Justice.

Each defendant received a greater sentence in the Superior Court than had been imposed by the district court. Appellants contend that this increase in sentence denied them due process of law and violated rights secured to them by the Sixth Amendment to the United States Constitution. "Until recently, it was the general rule that a trial de novo meant a sentence de novo." State v. Stafford, 274 N.C. 519, 531, ...

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