State v. Smith
| Decision Date | 13 October 1971 |
| Docket Number | No. 54,54 |
| Court | North Carolina Supreme Court |
| Parties | STATE of North Carolina v. Harold Junior SMITH. |
Atty. Gen. Robert Morgan by Staff Atty. Donald A. Davis, Raleigh, for the State.
Sol G. Cherry, Public Defender, Fayetteville, for defendant appellant.
Defendant's case on appeal contains no assignment of error. Therefore, unless error appears on the face of the record proper, the judgment will be sustained. State v. Williams, 268 N.C. 295, 150 S.E.2d 447.
'A plea of Nolo contendere, like a plea of guilty, leaves open for review only the sufficiency of the indictment and waives all defenses other than that the indictment charges no offense.' State v. Stokes, 274 N.C. 409, 412, 163 S.E.2d 770, 773. The indictment in this case properly charges the crime of murder in the words of G.S. § 15--144. The sentence of thirty years is within the limits prescribed by G.S. § 14--17 for murder in the second degree.
Defendant's counsel, the public defender, concedes there is no error in the case. Our examination of the entire transcript discloses another appeal totally without justification. See State v. Roberts, Ante; State v. Darnell, 266 N.C. 640, 146 S.E.2d 800.
No error.
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State v. Alexander
...a guilty plea having included the right to seek postconviction DNA testing. Id. at 85, 843 S.E.2d 294 (quoting State v. Smith , 279 N.C. 505, 506, 183 S.E.2d 649 (1971) ). Judge Berger asserted that his colleagues had construed the term "verdict" in an excessively broad manner, that the rel......
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State v. Alexander
...the sufficiency of the indictment and waives all defenses other than that the indictment charges no offense." State v. Smith , 279 N.C. 505, 506, 183 S.E.2d 649, 650 (1971) (citation and quotation marks omitted).Defendant here did not enter an Alford plea. Therefore, his plea of guilty serv......
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State v. Koonce, No. COA08-777 (N.C. App. 5/19/2009)
...a guilty plea does not result in a waiver of a challenge to the sufficiency of the indictment returned against him, State v. Smith, 279 N.C. 505, 183 S.E.2d 649 (1971), that principle of law does not allow appellate review in this case for two different First, the exact issue that remains a......
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State v. Ford
...contains no assignment of error, the judgment will be sustained unless error appears on the face of the record proper. State v. Smith, 279 N.C. 505, 183 S.E.2d 649. The record proper in a criminal case ordinarily consists of (1) the organization of the court, (2) the charge (information, wa......