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STATE v. EARNHARDT

No. 282A82.

296 S.E.2d 649 (1982)

STATE of North Carolina v. Vickie Ann EARNHARDT and William Carl Keller.

Supreme Court of North Carolina.

November 3, 1982.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Elisha H. Bunting, Jr., Asst. Atty. Gen., Raleigh, for the State.

Robert M. Davis, Salisbury, for defendant.

CARLTON, Justice.

I.

The Court of Appeals' majority and dissenting opinions present an extensive recitation of the facts; reference is made to those opinions. 56 N.C. App. 748, 290 S.E.2d 376 (1982). We present a summary of the facts sufficient to understand the contentions addressed.

Evidence for the State tended to show the following:

On the night of 28 June 1980 Donald Lagree and Walter Horne were drinking...

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