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STATE v. VANDIFORD

No. 77.

96 S.E.2d 835 (1957)

245 N.C. 609

STATE v. Ernest C. VANDIFORD.

Supreme Court of North Carolina.

March 6, 1957.

Attorney(s) appearing for the Case

George B. Patton, Atty. Gen., Claude L. Love, Asst. Atty. Gen., for the State.

Cecil D. May, New Bern, for defendant appellant.

PER CURIAM.

At the threshold of this appeal the State through the Attorney General moved to dismiss the appeal on authority of State v. Currie, 206 N.C. 598, 174 S.E. 447, for that the record on appeal is fatally defective in that it did not contain the bill of indictment. In lieu thereof, by consent of Solicitor and attorney for defendant, the Clerk of Superior Court certified that there was a true bill of indictment containing the charge as above recited, but that...

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