# State v. Newkirk

> Court of Appeals of North Carolina · March 29, 1972 · 14 N.C. App. 53

URL: https://www.frixlaw.com/law-library/cases/6730449

## Case

- **Full name:** STATE OF NORTH CAROLINA v. JAMES EDWARD NEWKIRK
- **Court:** Court of Appeals of North Carolina
- **Decided:** March 29, 1972
- **Citations:** 14 N.C. App. 53; 187 S.E.2d 394; 1972 N.C. App. LEXIS 2034
- **Precedential status:** Published
- **Opinion:** Concurring in part by Hedrick
- **Judges:** Brock, Hedrick, Vaughn
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6730449

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6730449. Public record. Not legal advice.