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416 IN THE COURT OF APPEALS
State v. Snipes
See Brandon v. Brandon, 10 N.C. App. 457, 179 S.E. 2d 177
(1971). In the case at bar the father was a respondent, appeared
at the hearing in person and through counsel, and is subject to
orders of the court. We hold that the court was fully authorized
to award him custody of the children although he had filed no
pleading asking for their custody. G.S. 50-13.2 (a).
[a] Appellants contend that there was not sufficient evidence
presented to support the findings of fact and conclusions of
law that there had been considerable change of conditions jus-tifying
the awarding of custody to the father. We disagree with
this contention. We hold that the evidence was plenary to sup-port
the findings of fact and conclusions of law.
We have carefully considered the other contentions argued
in appellants' brief but find them to be without merit.
The order appealed from is
Affirmed.
Chief Judge MALLARD and Judge BROCK concur.
STATE OF NORTH CAROLINA v. ROGER SNIPES
No. 7215SC622
(Filed 25 October 1972)
1. Criminal Law § 23- plea of guilty
Defendant's appeal from sentence imposed upon entry of his
guilty plea presented for review only the question whether the facts
charged constituted an offense punishable under the laws and con-stitution.
2. Assault and Battery § 5- assault with a deadly weapon- punishable
offense
Where defendant was charged with discharging a firearm into
a vehicle and the evidence tended to show that he did fire at a vehicle,
but none of the shotgun pellets penetrated into the interior of the
vehicle, the facts shown were sufficient to constitute the punishable
offense of assault with a deadly weapon.
APPEAL by defendant from Godwin, Judge, 4 April 1972
Criminal Session of ALAMANCE Superior Court.
Object Description
| Title | North Carolina Court of Appeals Reports [v.016, Fall Session Session 1972] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1973 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 16, Fall Session Session 1972. Cited as 16 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 35.8 MB; 826 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_016.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 440 |
| Full Text | 416 IN THE COURT OF APPEALS State v. Snipes See Brandon v. Brandon, 10 N.C. App. 457, 179 S.E. 2d 177 (1971). In the case at bar the father was a respondent, appeared at the hearing in person and through counsel, and is subject to orders of the court. We hold that the court was fully authorized to award him custody of the children although he had filed no pleading asking for their custody. G.S. 50-13.2 (a). [a] Appellants contend that there was not sufficient evidence presented to support the findings of fact and conclusions of law that there had been considerable change of conditions jus-tifying the awarding of custody to the father. We disagree with this contention. We hold that the evidence was plenary to sup-port the findings of fact and conclusions of law. We have carefully considered the other contentions argued in appellants' brief but find them to be without merit. The order appealed from is Affirmed. Chief Judge MALLARD and Judge BROCK concur. STATE OF NORTH CAROLINA v. ROGER SNIPES No. 7215SC622 (Filed 25 October 1972) 1. Criminal Law § 23- plea of guilty Defendant's appeal from sentence imposed upon entry of his guilty plea presented for review only the question whether the facts charged constituted an offense punishable under the laws and con-stitution. 2. Assault and Battery § 5- assault with a deadly weapon- punishable offense Where defendant was charged with discharging a firearm into a vehicle and the evidence tended to show that he did fire at a vehicle, but none of the shotgun pellets penetrated into the interior of the vehicle, the facts shown were sufficient to constitute the punishable offense of assault with a deadly weapon. APPEAL by defendant from Godwin, Judge, 4 April 1972 Criminal Session of ALAMANCE Superior Court. |
