STATE v. THOMPSON

No. 8213SC1140.

303 S.E.2d 85 (1983)

STATE of North Carolina v. Perry Brown THOMPSON.

Court of Appeals of North Carolina.

June 7, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas H. Davis, Jr., Raleigh, for the State.

Jerry A. Jolly, Tabor City, for defendant-appellant.


BECTON, Judge.

Defendant's sole assignment of error relates to his sentencing hearing. He argues that the trial court erred when it found that the offense of felonious uttering was committed for pecuniary gain and, thereby, improperly found that the factors in aggravation outweighed the factors in mitigation of defendant's sentence. We agree.

The issue raised by defendant's argument is whether pecuniary gain is inherent in the offense of felonious uttering...

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