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STATE v. MIDGETT

No. 702SC54.

174 S.E.2d 124 (1970)

8 N.C. App. 230

STATE of North Carolina v. Larry Donald MIDGETT, Bradley Johnson, Donnie Blount, Martin Wayne Collins, Lonnie Gibbs, Van Gray Gibbs, Henry Vanderbilt Johnson, Jr., Sammy Lee Bryant, Felton Gibbs, Alvin Spencer, Clarence Coward and Benjamin Phelps.

Court of Appeals of North Carolina.

Appeal Dismissed June 24, 1970.

Attorney(s) appearing for the Case

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

Chambers, Stein, Ferguson & Lanning, by James E. Ferguson, II, Charlotte, for defendants-appellants.

CAMPBELL, Judge.

It is settled law in North Carolina that the imposition in a given case of a greater sentence in the Superior Court Division upon trial de novo than was imposed in the District Court Division is constitutionally permissible. State v. Spencer, 7 N.C. App. 282, 172 S.E.2d 280 (1970), (affirmed, North Carolina Supreme Court, ...

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