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BATTLE v. STATE

No. 707SC219.

174 S.E.2d 299 (1970)

8 N.C. App. 192

Charles Franklin BATTLE v. STATE of North Carolina.

Court of Appeals of North Carolina.

May 27, 1970.

Attorney(s) appearing for the Case

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

Battle, Winslow, Scott & Wiley, by Samuel S. Woodley, Jr., Rocky Mount, for petitioner appellant.

MALLARD, Chief Judge.

Petitioner's first assignment of error is that the trial court committed error in failing to make separate findings of fact and conclusions of law as to each of the petitioner's contentions.

A hearing was held on the petition pursuant to the provisions of G.S. § 15-221. The pertinent parts of this statute read:

"The court may receive proof by affidavits, depositions, oral testimony...

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