#### STATE OF NORTH CAROLINA v. LEONARD McDOWELL WINGATE

No. 7526SC530

(Filed 1 October 1975)

Appeal by defendant from Falls, Judge. Judgment entered 15 April 1975 in Superior Court, Mecklenburg County. Heard in the Court of Appeals 26 September 1975.

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

Fred McPhail, Jr., for defendant appellant.

MORRIS, HEDRICK and ARNOLD, Judges.

No error.