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STATE v. HARRINGTON

No. 6919SC134.

169 S.E.2d 32 (1969)

5 N.C. App. 622

STATE of North Carolina v. Dwight HARRINGTON.

Court of Appeals of North Carolina.

August 13, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Atty. L. P. Covington, Raleigh, for the State.

Thomas K. Spence, Concord, for defendant appellant.

PARKER, Judge.

Defendant assigns as error his trial, sentence, and commitment on the information in superior court, contending that since he was before the superior court upon appeal from judgment rendered in the recorder's court, he could only be lawfully tried either on the original warrant or on an indictment.

Article I, § 12 of the Constitution of North Carolina provides:

"No person shall be put to answer any criminal charge except as hereinafter...

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