MATTER OF BYERS

No. 42.

244 S.E.2d 665 (1978)

295 N.C. 256

In the Matter of Phillip BYERS.

Supreme Court of North Carolina.

June 6, 1978.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by William Woodward Webb, Alan S. Hirsch, Asst. Attys. Gen., Raleigh, for the State.

Humphries & McCollum, by Joe P. McCollum, Jr., Monroe, for respondent appellant.


PER CURIAM.

In the Court of Appeals, respondent assigned as error the denial of his motion to dismiss for lack of evidence. He did not raise that issue before this Court and ordinarily this assignment of error would be deemed to be abandoned. However, in reviewing a decision of the Court of Appeals, it is our duty to determine the correctness of that decision and in the exercise of our supervisory powers we may pass upon any relevant issue, even when that issue is...

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