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12 N.C. App. 272

State v. Harris

Court of Appeals of North Carolina

Decided August 18, 1971

Court of Appeals of North Carolina · decided 1971-08-18

Relies on State v. Sparrow · State v. Spencer · 8 N.C. App. 239 - State v. Norman

Decided 1971-08-18

MORRIS, Judge.

¶1Appellant first contends that the imposition of a greater sentence in Superior Court than he received in District Court violated his constitutional rights under the State and Federal Constitutions. For the reasons stated in State v. Sparrow, 276 N.C. 499, 173 S.E. 2d 897 (1970), and State v. Spencer, 276 N.C. 535, 173 S.E. 2d 765 (1970), this contention is without merit.

¶2Defendant’s remaining assignment of error is directed to the charge of the court. Although this assignment of error is listed as a “question presented” in the brief, appellant’s brief presents no argument nor authority in support of his contention. This assignment of error is, therefore, deemed abandoned. Rule *27428, Rules of Practice in the Court of Appeals of North Carolina; State v. Norman, 8 N.C. App. 239, 174 S.E. 2d 41 (1970).

¶3No error.

Judges Britt and Parker concur.
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