STATE v. MABRY

No. 7320SC446.

197 S.E.2d 44 (1973)

18 N.C. App. 492

STATE of North Carolina v. Garry Dwain MABRY.

Court of Appeals of North Carolina.

June 13, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by William W. Melvin and William B. Ray, Asst. Attys. Gen., Raleigh, for the State.

Gerald R. Chandler, Albemarle, for defendant appellant.


VAUGHN, Judge.

Defendant brings forward numerous assignments of error. We will refer to those which require a new trial.

Where a statute provides more severe punishment in case of repeated convictions for similar offenses the State must allege and prove, by competent evidence, the earlier convictions. Whether there was an earlier conviction is for the jury and not the court. State v. Cole, 241 N.C. 576, 86 S...

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