STATE v. ROBERTS

No. 85.

210 S.E.2d 396 (1974)

286 N.C. 265

STATE of North Carolina v. James C. ROBERTS.

Supreme Court of North Carolina.

December 30, 1974.


Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr., and Associate Atty. John R. Morgan, Raleigh, for the State.

Thomas F. Loflin, III, Durham, for defendant.


BOBBITT, Chief Justice.

There was ample evidence to support the verdict of guilty of assault on a child under twelve years of age, which on 18 July 1971 was a misdemeanor "punishable by a fine not to exceed five hundred dollars ($500.00), imprisonment not to exceed six (6) months, or both such fine and imprisonment ...." G.S. § 14-33(b)(5) and (c)(3). Defendant did not move to nonsuit this charge. Nor does he now contend the evidence was insufficient to support...

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