STATE v. LOWRY

No. 7116SC54.

179 S.E.2d 888 (1971)

10 N.C. App. 717

STATE of North Carolina v. Bobby LOWRY.

Court of Appeals of North Carolina.

March 31, 1971.


Attorney(s) appearing for the Case

William S. McLean, Lumberton, for defendant appellant.

Atty. Gen. Robert Morgan, by Staff Atty. Richard N. League, Raleigh, for the State.


CAMPBELL, Judge.

Defendant contends that it was error for the trial judge, subsequent to notification of defendant's intention to exercise his right to appeal, to strike the original sentence of forty-five days and to impose a sentence of six months even though the statutory minimum for the crime committed is six months.

"`In criminal cases the right of appeal by a convicted defendant from a final judgment is unlimited in the courts of North Carolina. This...

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