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STATE v. PEARCE

No. 749.

151 S.E.2d 571 (1966)

268 N.C. 707

STATE v. Clifton A. PEARCE.

Supreme Court of North Carolina.

December 14, 1966.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Harry W. McGalliard, Deputy Atty. Gen., for the State.

Wade H. Penny, Jr., Durham, for defendant appellant.

PER CURIAM:

The evidence adduced at the trial in 1961 and considered by Judge Johnson at the Post Conviction Hearing is reviewed in this Court's opinion reported in 266 N.C. 234, 145 S.E.2d 918. The evidence on the new trial was not essentially different. It was sufficient to survive the motion to dismiss and to sustain the verdict.

During the new trial the court sustained the solicitor's...

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