STATE v. MOSES

No. 7220SC670.

191 S.E.2d 368 (1972)

16 N.C. App. 174

STATE of North Carolina v. Clyburn Leroy MOSES.

Court of Appeals of North Carolina.

September 20, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Raymond W. Dew, Jr., for the State.

Coble, Morton & Grigg by Ernest H. Morton, Jr., Albemarle, for defendant appellant.


GRAHAM, Judge.

Defendant assigns as error the court's failure to determine his indigency and appoint counsel for him until after he had entered his plea and the jury had been selected, sworn and empanelled. The assignment of error must be sustained.

Defendant was tried and convicted of a misdemeanor punishable by a fine, imprisonment for a maximum of two years, or both. G.S. § 14-33(c)(2). If an indigent person, defendant was entitled to have counsel...

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