Affirmed.
State v. Rushing, 308 N.C. 804 (1983)
July 7, 1983
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Supreme Court of North Carolina
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No. 192A83
308 N.C. 804
STATE OF NORTH CAROLINA v. WALTER RUSHING
No. 192A83
(Filed 7 July 1983)
APPEAL by the State pursuant to N.C. 7A-30(2) from the decision of the Court of Appeals (Judges Wells and Whichard concurring, Chief Judge Vaughn concurring in part and dissenting in part), reported in 61 N.C. App. 62, 300 S.E. 2d 445 (1983), which vacated the judgment entered by Collier, Judge, at the 23 March 1982 Session of Superior Court, STANLY County. The Court of Appeals remanded this case for sentencing for assault on a female and non-felonious breaking or entering.
Rufus L. Edmisten, Attorney General, by Assistant Attorney General Harry H. Harkins, Jr., for the State-appellant.
Adam Stein, Appellate Defender, by Assistant Appellate Defender Nora B. Henry, for the defendant-appellee.