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STATE v. COLSON

No. 2.

138 S.E.2d 121 (1964)

262 N.C. 506

STATE of North Carolina v. Jackie Tyrone COLSON.

Supreme Court of North Carolina.

September 30, 1964.

Attorney(s) appearing for the Case

Atty. Gen., T. W. Bruton, Asst. Atty. Gen. Ray B. Brady, and Staff Atty. L. P. Hornthal, Jr., Raleigh, for the State.

LeRoy, Wells & Shaw, by Dewey W. Wells and J. H. LeRoy, Elizabeth City, for defendant appellant.

PARKER, Justice.

The jury returned its verdict of guilty about midnight on 26 September 1963 on the manslaughter indictments, and the court that night imposed sentences of imprisonment. At 9:45 a. m. on the following morning, defendant filed with the trial judge what he terms a "plea in abatement, motion in arrest of judgment, and motion to quash the indictments, Indictments Nos. 245 and 246—Manslaughter," based upon two grounds:

"1. While the grand...

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