STATE v. ALLEN

No. 69.

181 S.E.2d 453 (1971)

279 N.C. 115

STATE of North Carolina v. Junior ALLEN.

Supreme Court of North Carolina.

June 10, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Myron C. Banks, for the State.

W. Kenneth Hinton, Smithfield, for defendant appellant.


LAKE, Justice.

The sole question raised by the defendant in this Court is thus stated in his brief: "Did the trial court commit error by placing the defendant on trial for burglary in the second degree when all the evidence tended to show burglary in the first degree?"

The defendant thus brings forward into his brief only his Assignment of Error No. 1. This assignment is directed to his Exceptions Nos. 1 and 8. Exception No. 1 is to the direction by the court...

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