#### STATE OF NORTH CAROLINA v. EUGENE BAILEY, JR.

No. 7526SC541

(Filed 5 November 1975)

Appeal by defendant from Falls, Judge. Judgment entered 8 April 1975 in Superior Court, Mecklenburg County. Heard in the Court of Appeals 14 October 1975.

Attorney General Edmisten, by Assistant Attorney General Conrad O. Pearson, for the State.

William J. Eaker for defendant appellant.

BRITT, VAUGHN and ARNOLD, Judges.

No error.