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STATE v. SMITH

No. 46.

265 S.E.2d 164 (1980)

300 N.C. 71

STATE of North Carolina v. Larry Donnell SMITH.

Supreme Court of North Carolina.

May 6, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. David S. Crump, Raleigh, for the state.

W. Leslie Johnson, Jr., Elizabethtown, for defendant-appellant.

BRITT, Justice.

At the outset we note that this appeal should have been filed in the Court of Appeals since the minimum sentence imposed is less than life imprisonment. State v. Ferrell,___ N.C. ___, 265 S.E.2d 210 (No. 66, Spring Term 1980). Even so, we treat the papers filed by defendant in this court as a motion to bypass the Court of Appeals, allow the motion, and consider the case on the merits. G.S. 7A-31.

Defendant...

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