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STATE v. BENFIELD

No. 7025SC537.

177 S.E.2d 306 (1970)

9 N.C. App. 657

STATE of North Carolina v. Donald James BENFIELD.

Court of Appeals of North Carolina.

Certiorari Allowed January 5, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Staff Atty. Russell G. Walker, Jr., Raleigh, for the State.

Thomas M. Starnes, Morganton, for defendant.

Certiorari Allowed by Supreme Court January 5, 1971.

BROCK, Judge.

Defendant assigns as error the denial of his motion in arrest of judgment.

The bill of indictment, upon which defendant was tried, reads as follows:

"The Jurors for the State upon their oath present, that Donald James Benfield late of the County of Burke, on the 24th day of June, in the year of our Lord one thousand nine hundred and sixty-nine, with force and arms, at and in...

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