Supreme Court of North Carolina, 1956

State v. Henderson

State v. Henderson
Supreme Court of North Carolina · Decided December 12, 1956 · Johnson
95 S.E.2d 594; 245 N.C. 165; 1956 N.C. LEXIS 570 (South Eastern Reporter, Second Series)

State v. Henderson

Opinion

PbR CuRiam.

Decision on this appeal is controlled by decision on the appeal in the case of S. v. Moore, ante, 158. 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 suspending the prison term, the judgment is stricken and the cause remanded for proper judgment. See S. v. Ritchie, 243 N.C. 182, 90 S.E. 2d 301; also S. v. Ingram, 243 N.C. 190, 90 S.E. 2d 304.

Error and remanded.

JOHNSON, J., not sitting.

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