STATE v. HARVELL

No. 793SC724.

262 S.E.2d 850 (1980)

STATE of North Carolina v. Shelton Earl HARVELL.

Court of Appeals of North Carolina.

February 19, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Lucien Capone, III, Raleigh, for the State.

Frazier & Moore by Reginald L. Frazier, New Bern, Bowen C. Tatum, Jr. by T. E. Moore, Jacksonville, for defendant.


ROBERT M. MARTIN, Judge.

It is clear from the argument in defendant's brief concerning the charge of second degree rape that he intended to appeal from the judgment entered therein. A copy of the indictment, verdict and formal judgment on the charge of second degree rape was not included in the record on appeal. Both the defense counsel and the Attorney General submitted briefs in this Court. Neither made any objection or called any attention to the defective condition...

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