State v. Oates

Supreme Court of North Carolina
State v. Oates, 262 N.C. 532 (N.C. 1964)
138 S.E.2d 139; 1964 N.C. LEXIS 683

State v. Oates

Opinion of the Court

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.

Reference

Full Case Name
STATE v. JAMES W. OATES
Status
Published