#### STATE OF NORTH CAROLINA v. ROBY ANDREW SIZEMORE

No. 7525SC282

(Filed 18 June 1975)

Appeal by defendant from Thornburg, Judge. Judgment entered 15 November 1974 in Superior Court, Catawba éoúnty. Heard in the Court of Appeals 11 June 1975.

Attorney General Edmisten, by Assistant Attorney General Myron C. Banks, for the State.

Butner, Rudisill & Brackett, by J. Richardson Rudisill, Jr., for defendant appellant.

MORRIS, VAUGHN and CLARK, Judges.

No error.