State v. Henderson
| Decision Date | 12 December 1956 |
| Docket Number | No. 580,580 |
| Citation | 245 N.C. 165,95 S.E.2d 594 |
| Parties | STATE, v. Wilbord N. HENDERSON. |
| Court | North Carolina Supreme Court |
Elreta Melton Alexander, Greensboro, for defendant-appellant.
George B. Patton, Atty. Gen., and Robert E. Giles, Asst. Atty. Gen., for the State.
Decision on this appeal is controlled by decision on the appeal in the case of State v. Moore, N.C., 95 S.E.2d 548. Hence, in the light of the decision there, this Court finds no error in the trial below. However, appeal having been taken to entry of judgment supsending the prison term, the judgments is stricken and the cause remanded for proper judgment. See State v. Ritchie, 243 N.C. 182, 90 S.E.2d 301; also State v. Ingam, 243 N.C. 190, 90 S.E.id 304.
Error and remanded.
JOHNSON, J., not sitting.
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