STATE v. NORTON

No. 7525SC339.

218 S.E.2d 479 (1975)

27 N.C. App. 248

STATE of North Carolina v. Timothy NORTON et al.

Court of Appeals of North Carolina.

October 15, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. W. Woodward Webb and Associate Attorney Isaac T. Avery, III, Raleigh, for the State.

Byrd, Byrd, Ervin & Blanton, P. A. by Joe K. Byrd, Jr., Morganton, for defendants-appellants Timothy Norton and Keith Ward.

J. Bruce McKinney, Morganton, for defendant-appellant Fred Parris.


VAUGHN, Judge.

Each defendant, among other things, argues that his case should have also been submitted to the jury on the question of whether he was serving a sentence imposed for a misdemeanor. The bills of indictment allege that each defendant attempted to escape while serving a sentence imposed for a felony. The District Attorney elected to consent and stipulate to the docketing of a record on appeal in this Court that does not contain the judgments and commitments...

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