State v. Silvers

52 S.E.2d 877, 230 N.C. 300, 1949 N.C. LEXIS 611

• Court: Supreme Court of North Carolina
• Decided: April 20, 1949
• Status: Published

Opinion

Denny, J.

We held in S. v. Gregory, 223 N.C. 415, 21 S.E. 2d 140, that an assault with intent to kill is a.misdemeanor. Therefore, upon the authority of that decision, and S. v. Green, 85 N.C. 600, and S. v. Lawrence, 81 N.C. 522, the judgment entered below is reversed and the cause is remanded to the Superior Court of Yancey County for proper judgment on the plea entered.

•The prison-authorities are directed to deliver the defendant into the custody of the Sheriff of Yancey County, to the end that the defendant may be given an opportunity to post bond pending the entry of a proper judgment on his plea.

let this opinion be certified immediately to the Superior Court of Yancey County, in order that further proceedings may be had in accordance therewith and in conformity with the law in such cases.

Error and remanded.