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STATE v. FRIETCH

No. 703SC200.

174 S.E.2d 149 (1970)

STATE of North Carolina v. Ronald W. FRIETCH and Melvin A. Embley.

Court of Appeals of North Carolina.

May 27, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Staff Atty. James L. Blackburn, Raleigh, for the State.

Wheatly & Mason, by L. Patten Mason, Beaufort, for defendant appellant Frietch.

Nelson W. Taylor, Beaufort, for defendant appellant Embley.

VAUGHN, Judge.

Defendants were represented at their trial and on the appeal by the same court-appointed attorneys. They bring forward two assignments of error.

For their first assignment of error defendants assert that the bill of indictment was defective in that it did not charge felonious intent. The indictment was as follows:

"THE JURORS FOR THE STATE UPON THEIR OATH PRESENT, That Ronald W. Frietch, Melvin A. Embley and David E. Stevens late of...

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