STATE v. McCOTTER

No. 743SC657.

210 S.E.2d 91 (1974)

24 N.C. App. 76

STATE of North Carolina v. Samuel McCOTTER.

Court of Appeals of North Carolina.

December 4, 1974.


Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr. by Deputy Atty. Gen. Bruce White and Asst. Atty. Gen. Zoro J. Guice, Jr., Raleigh, for the State.

Michael P. Flanagan, New Bern, for defendant appellant.


MORRIS, Judge.

Defendant's first assignment of error presents the question of whether a defendant who was never arraigned and entered no plea at trial is entitled to a new trial. Defendant relies on State v. Lueders, 214 N.C. 558, 200 S.E. 22 (1938), where a unanimous Court, speaking through Chief Justice Stacy, said:

". . . In the absence of a plea to the indictment or charge, there was nothing for the jury to determine. See State v. Camby, 209 N.C. 50, 182...

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