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STATE v. ROWLAND

No. 819SC388.

283 S.E.2d 543 (1981)

STATE of North Carolina v. Thomas E. ROWLAND.

Court of Appeals of North Carolina.

November 3, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Richard L. Kucharski, Raleigh, for the State.

Ramsey, Hubbard & Galloway by Mark E. Galloway and Burke & King by Ronnie P. King, Roxboro, for defendant-appellant.

HEDRICK, Judge.

Defendant assigns as error the court's failure to grant his timely motions as of nonsuit. G.S. § 14-33 in pertinent part provides:

(b) Unless his conduct is covered under some other provision of law providing greater punishment, any person who commits any assault, assault and battery, or affray is guilty of a misdemeanor punishable by a fine, imprisonment for not more than two years, or both...

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