The opinion
Judge Hedrick
concurring in part and dissenting in part.
For the same reasons set out in State v. McIntyre, 13 N.C. App. 479 , 186 S.E. 2d 207 (1972), it is my opinion that the defendant has been convicted only of a misdemeanor. I vote to modify the judgment so as to reduce his sentence of imprisonment of not less than three nor more than five years to imprisonment for six months in the custody of the Commissioner of Corrections.