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267 N.C. 316

State v. Cason

Supreme Court of North Carolina

Decided May 11, 1966

Supreme Court of North Carolina · decided 1966-05-11

Cited by 7 later decisions — most recently May 1972

3 federal appellate · 4 state decisions

Relies on White v. State of Maryland

Good law ✅— No negative treatment on recordhow we know

Decided 1966-05-11

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Per Curiam.

¶1The State's evidence was ample to carry the case to the jury and to support the verdict returned by the jury.

¶2The defendant waived preliminary hearing on 16 August 1965 in the Municipal County Court of Guilford County. He now contends that his constitutional right was violated when he was permitted to waive the preliminary hearing without the benefit of counsel. The defendant was furnished with court-appointed counsel to represent him at his trial in the Superior Court.

¶3Since the hearing was waived and no plea was entered, in our opinion the case of White v. Maryland, 373 U.S. 59, 10 L. Ed. 2d 193, and similar cases relied on by the defendant are not applicable to the factual situation in this case. In White v. Maryland, supra,a preliminary hearing was held and the defendant entered a plea of guilty, and such plea was admitted in evidence at the trial of the case.

¶4In our opinion the defendant’s assignments of error present no prejudicial error that would justify disturbing the result of the trial below. We find

¶5No error.

Moore, J., not sitting.
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