Opinion
ERWIN, Justice.
This matter coming on to be heard and being heard upon the petition of the applicant Charles Montgomery; and it appearing to the Court that Charles Montgomery was tried in the Recorder's Court of the City of Durham in 1941 upon the charge of an assault with a deadly weapon, which is a misdemeanor in North Carolina, and that upon his trial he was found guilty of said offense and was sentenced to serve six months imprisonment therefor, which sentence he served in full; and it further appearing to the Court that Charles Montgomery is now serving a sentence for some criminal offense committed by him in the State of New York, and has applied to this Court to vacate the verdict and judgment rendered against him in the Recorder's Court of Durham County upon the charge of an assault with a deadly weapon, upon his suggestion that he was not represented by counsel on his trial; and it further appearing to the Court that his application raises a moot question:
Now, therefore, the said petition is hereby denied.