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STATE v. BENTON

No. 27.

167 S.E.2d 775 (1969)

275 N.C. 378

STATE of North Carolina v. Mary Benton BENTON.

Supreme Court of North Carolina.

June 18, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Deputy Atty. Gen. Ralph Moody, for the State.

Byrd, Byrd & Ervin, Morganton, for defendant appellant.

BOBBITT, Justice.

Fidelity to sound legal principles requires that the judgment be arrested on the ground the bill of indictment does not charge defendant with the crime for which she was tried, convicted and sentenced, or with any criminal offense.

The bill alleges explicitly and fully that Raymond Epley murdered Marshall Adam Benton on or about November 27, 1967. It alleges that defendant became an accessory before the fact to the murder of Marshall Adam...

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