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268 N.C. 362

State v. Dye

Supreme Court of North Carolina

Decided October 19, 1966

Supreme Court of North Carolina · decided 1966-10-19

Cited by 7 later decisions — most recently September 1979

7 state decisions

Relies on State v. Pope · State v. Mallory · State v. Maness

Good law ✅— No negative treatment on recordhow we know

Decided 1966-10-19

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Per Curiam.

¶1The record does not show any exception by the defendant when the F.B.I. record was offered and received in evidence. The assignment of error with reference to the reception of this report in evidence is, therefore, ineffectual. State v. Mallory, 266 N.C. 31, 145 S.E. 2d 335; State v. Maness, 264 N.C. 358, 141 S.E. 2d 470. In any event, it was not error for the court, following the defendant’s plea of guilty, to receive this record in evidence in open court and consider it in determining the sentence to be imposed. See State v. Pope, 257 N.C. 326, 126 S.E. 2d 126. There is no suggestion that the defendant and his counsel were not present, or that the contents of the report were withheld from them or were not correct.

¶2There is no merit in the assignment of error relating to an alleged variance between the allegation in the bill of indictment and the proof concerning the ownership of the automobile. The plea of guilty entered by the defendant made it unnecessary for the State to offer evidence to prove the offense charged in the bill of indictment. 21 Am. Jur. 2d, Criminal Law, § 495. The indictment was sufficient in form and the sentence imposed does not exceed the maximum permitted under the statute. G.S. 14-70.

¶3No error.

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