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STATE v. MERCER

No. 74.

106 S.E.2d 866 (1959)

249 N.C. 371

STATE v. Robbie J. MERCER.

Supreme Court of North Carolina.

January 14, 1959.

Attorney(s) appearing for the Case

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

Robert G. Bowers, New Bern, Larkins & Brock, Trenton, for defendant appellant.

WINBORNE, Chief Justice.

At the outset defendant challenges the ruling of the court below in denying his motion to quash the bill of indictment for that a bill of indictment for perjury was sent in case No. 219 and was returned not a true bill at the August Term 1958, and that thereafter in case No. 219-A the same grand jury at the same term returned a true bill against the defendant on the identical charge of perjury. It is recited that there was an additional witness...

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