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STATE v. CARNES

No. 7326SC151.

195 S.E.2d 588 (1973)

18 N.C. App. 19

STATE of North Carolina v. Dahl Thomas CARNES.

Court of Appeals of North Carolina.

April 11, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by James E. Magner, Jr., Asst. Atty. Gen., for the State.

Paul L. Whitfield, Charlotte, for defendant appellant.

BRITT, Judge.

Defendant first assigns as error the trial court's incarceration of defendant pending the start of his trial on the following morning.

In State v. Smith, 237 N.C. 1, 74 S.E.2d 291 (1953), opinion by Justice (later Chief Justice) Parker, we find:

"`* * * It is within the discretion of the trial court whether accused should be placed in custody; and the court's proper...

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