State v. Oates

Supreme Court of North Carolina

State v. Oates

138 S.E.2d 139, 262 N.C. 532, 1964 N.C. LEXIS 683

DecidedSeptember 30, 1964

StatusPublished

This text of 138 S.E.2d 139 (State v. Oates) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Oates, 138 S.E.2d 139, 262 N.C. 532, 1964 N.C. LEXIS 683 (N.C. 1964).

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Opinion

Per CuRiam.

The record, as prepared by the clerk of the superior court with the assistance of said court-appointed counsel, sets forth as .assignments of error: “1. Failure of the Court to appoint an attorney to protect the defendant’s interests in the trial court, as shown by EXCEPTION #1,” and “2. The action of the Court in giving the defendant two consecutive twelve months’ sentences, and signing a judgment to that effect, as shown by EXCEPTION #2.”

With reference to Assignment of Error #1: Nothing in the record indicates defendant requested or desired that Judge Clarkson appoint counsel to represent him in the superior court. With reference to Assignment of Error #2: Under G.S. 14-107, as applicable in Cleveland County, each offense is a general misdemeanor. Upon the record before us, the assignments of error are without merit and the judgments must be and are affirmed.

Affirmed.

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Per CuRiam.

The record, as prepared by the clerk of the superior court with the assistance of said court-appointed counsel, sets forth as .assignments of error: “1. Failure of the Court to appoint an attorney to protect the defendant’s interests in the trial court, as shown by EXCEPTION #1,” and “2. The action of the Court in giving the defendant two consecutive twelve months’ sentences, and signing a judgment to that effect, as shown by EXCEPTION #2.”

With reference to Assignment of Error #1: Nothing in the record indicates defendant requested or desired that Judge Clarkson appoint counsel to represent him in the superior court. With reference to Assignment of Error #2: Under G.S. 14-107, as applicable in Cleveland County, each offense is a general misdemeanor. Upon the record before us, the assignments of error are without merit and the judgments must be and are affirmed.

Affirmed.

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Bluebook (online)

138 S.E.2d 139, 262 N.C. 532, 1964 N.C. LEXIS 683, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-oates-nc-1964.