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STATE v. SPENCER

No. 46.

173 S.E.2d 765 (1970)

276 N.C. 535

STATE of North Carolina v. Allen SPENCER, Alvin Spencer, Henry Johnson, Jr., Preston Simmons, Benjamin Phelps and Samuel Bryant.

Supreme Court of North Carolina.

May 13, 1970.

Attorney(s) appearing for the Case

Chambers, Stein, Ferguson & Lanning, by James E. Ferguson, II, Charlotte, for defendants-appellants.

Robert Morgan, Atty. Gen., and Burley B. Mitchell, Jr., Staff Atty., Raleigh, for the State.

HUSKINS, Justice.

Prior to entering any plea the following colloquy occurred between defense counsel and the court:

"MR. FERGUSON: I want to make a motion to quash the jury venire and would like to make a showing on it. THE COURT: If you want to offer evidence I will hear it now. I think you have had ample time. MR. FERGUSON: I would like for the record to reflect that counsel requested an opportunity...

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