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STATE v. ROGERS

No. 7012SC41.

172 S.E.2d 883 (1970)

7 N.C. App. 572

STATE of North Carolina v. James ROGERS.

Court of Appeals of North Carolina.

April 1, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Staff Atty. Edward L. Eatman, Jr., Raleigh, for the State.

J. A. Bouknight, Jr., Fayetteville, for defendant-appellant.

MORRIS, Judge.

On 4 September 1969 counsel for defendant was appointed due to defendant's indigency. Counsel then certified an appeal to this Court. No briefs were filed by either party and the State moved to dismiss the appeal for that reason under Rules 16, 27 and 28 of the Rules of Practice in the Court of Appeals of North Carolina and for the reason that defendant has withdrawn his appeal. Nevertheless, we shall decide...

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