STATE v. COLE

Nos. 722, 723.

107 S.E.2d 732 (1959)

249 N.C. 733

STATE of North Carolina v. James COLE, James Garland Martin and others to the State unknown.

Supreme Court of North Carolina.

March 25, 1959.


Attorney(s) appearing for the Case

Atty. Gen. Malcolm B. Seawell, Asst. Atty. Gen. Claude L. Love, Bernard A. Harrell, Staff Atty., Raleigh, for the State.

Charles B. Nye, Daniel M. Williams, Jr., Durham, for defendant Cole.

E. L. Alston, Jr., Greensboro, for defendant Martin.


DENNY, Justice.

We shall first consider certain assignments of error based on exceptions which both defendants have preserved and argued in their respective briefs.

The defendants insist that the trial court committed error in refusing to sustain their respective motions to quash the bill of indictment. They contend that while the indictment attempts to charge the defendants and their companions or associates with unlawful assembly, the indictment does not...

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