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17 N.C. App. 117

State v. Lewis

Court of Appeals of North Carolina

Decided December 20, 1972

Court of Appeals of North Carolina · decided 1972-12-20

Relies on State v. Sellers · In Re Kirkman Furniture Company · State v. Fowler

Decided 1972-12-20

CAMPBELL, Judge.

¶1The record contains no exceptions or assignments of error; defendant concedes in his brief that he can find no error in the trial. On certiorari the record proper will be examined for error of law appearing thereon notwithstanding the absence of exceptions and assignments of error. Furniture Co. v. Herman, 258 N.C. 733, 129 S.E. 2d 471 (1963).

¶2Having conducted a search of the face of the record proper, we are unable to discover error in the conduct of the trial.

¶3The indictment charging felonious breaking or entering is proper in form. State v. Sellers, 273 N.C. 641, 161 S.E. 2d 15 (1968). Nonfelonious breaking or entering (without intent to commit a felony) is a lesser included offense of the felony of breaking or entering with intent to commit a felony under G.S. 14-54(a). State v. Fowler, 1 N.C. App. 549, 162 S.E. 2d 39 (1968).

¶4*119Punishment upon conviction of the offense prohibited by G.S. 14-54 (b) is authorized by G.S. 14-3 (a); fine, or imprisonment for a term not exceeding two years, or both.

¶5No error.

Judges Moréis and Parker concur.
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