#### STATE OF NORTH CAROLINA v. RUDOLPH BERRY, JR.

No. 745SC1008

(Filed 5 March 1975)

Appeal by defendant from Cowper, Judge. Judgment entered 29 August 1974 in Superior Court, New Hanover County. Heard in the Court of Appeals 14 February 1975.

Attorney General Edmisten, by Associate Attorney Wilton E. Ragland, Jr., for the State.

Charles E. Sweeny, Jr., for defendant appellant.

PARKER, VAUGHN and MARTIN, Judges.

No error.