STATE v. CROSS

No. 7519SC588.

219 S.E.2d 274 (1975)

27 N.C. App. 335

STATE of North Carolina v. Dolan CROSS.

Court of Appeals of North Carolina.

November 5, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. William A. Raney, Jr., Raleigh, for the State.

Ottway Burton and Millicent Gibson, Asheboro, for defendant appellant.


VAUGHN, Judge.

Any person who commits an assault or an assault and battery (unless his conduct is covered by some other provision of law providing greater punishment), using a deadly weapon, is guilty of a misdemeanor punishable by fine, imprisonment for not more than two years, or both such fine and imprisonment. G.S. 14-33(b)(1).

Defendant's sole assignment of error is that the trial court, by awarding the maximum sentence provided by law, has inflicted...

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