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STATE v. COOLEY

No. 512.

157 S.E.2d 546 (1967)

271 N.C. 734

STATE of North Carolina v. Claude Vance COOLEY.

Supreme Court of North Carolina.

November 8, 1967.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Staff Atty. Christine Y. Denson, Raleigh, for the State.

Carl C. Churchill, Jr., Raleigh, for defendant appellant.

PER CURIAM.

Defendant's principal assignment of error is that the court committed error by charging the jury as follows:

"Members of the jury, I inform you now that the court has reconsidered the defendant's motion to quash the indictment and reverses its ruling and allows the defendant's motion. So that charge in the separate warrant will not be before you and in that connection, I instruct you that since you have heard some evidence in regard to that charge...

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