STATE v. TALBERT

No. 19.

194 S.E.2d 822 (1973)

282 N.C. 718

STATE of North Carolina v. Vernon Charles TALBERT.

Supreme Court of North Carolina.

March 14, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. William F. O'Connell, for the State.

Burke & Donaldson by George L. Burke, Jr., and Arthur J. Donaldson, Salisbury, for defendant appellant.


SHARP, Justice:

Defendant's assignment of error No. 13 is that "the court erred in entering the judgment as it appears of record." This assignment must be sustained, for—as defendant asserts—the verdict, "guilty as charged," will not support a sentence for murder in the first degree in this case. Therefore, the verdict and judgment must be set aside and the case remanded for trial de novo.

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