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STATE v. FRANKLIN

No. 73.

104 S.E.2d 837 (1958)

248 N.C. 695

STATE v. Jack FRANKLIN and Frank Thomas Keith.

Supreme Court of North Carolina.

September 17, 1958.

Attorney(s) appearing for the Case

Atty. Gen. Malcolm B. Seawell and Asst. Atty. Gen. Harry W. McGalliard for the State.

John C. Cheesborough, Asheville, for defendant, appellant.

BOBBITT, Justice.

Appellant is the only person charged in the bill of indictment appearing in the record; and the agreed case on appeal states that "defendant Jack Franklin and codefendant Frank Thomas Keith were charged, upon a bill of indictment, as appears in the record, * * *" As to Keith, no indictment appears in the record. However, counsel for appellant, with commendable candor, stated on oral argument that Frank Thomas Keith was indicted in a separate bill...

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