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STATE v. RORIE

No. 579.

114 S.E.2d 233 (1960)

252 N.C. 579

STATE v. Onslow Wilson RORIE.

Supreme Court of North Carolina.

May 18, 1960.

Attorney(s) appearing for the Case

T. W. Bruton, Atty.Gen., Ralph Moody, Asst. Atty. Gen., for the State.

Charles Hostetler, Raeford, Nance, Barrington & Collier, Fayetteville, for defendant.

DENNY, Justice.

The defendant's first assignment of error raises this question: Is a verdict of assault with a deadly weapon supported by a statutory indictment for manslaughter which fails to allege that a homicide was committed by means of an assault and battery or assault with a deadly weapon?

It seems that the exact question now before us has not heretofore been decided by this Court. See concurring opinion in the case of State v. Watkins, 200 N.C. 692...

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