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STATE v. SMITH

No. 54.

183 S.E.2d 649 (1971)

279 N.C. 505

STATE of North Carolina v. Harold Junior SMITH.

Supreme Court of North Carolina.

October 13, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Staff Atty. Donald A. Davis, Raleigh, for the State.

Sol G. Cherry, Public Defender, Fayetteville, for defendant appellant.

SHARP, Justice:

Defendant's case on appeal contains no assignment of error. Therefore, unless error appears on the face of the record proper, the judgment will be sustained. State v. Williams, 268 N.C. 295, 150 S.E.2d 447.

"A plea of nolo contendere, like a plea of guilty, leaves open for review only the sufficiency of the indictment and waives all defenses other than that the indictment...

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