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STATE v. BEST

No. 137.

186 S.E.2d 1 (1972)

280 N.C. 413

STATE of North Carolina v. David Earl BEST.

Supreme Court of North Carolina.

January 28, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Deputy Atty. Gen. Andrew A. Vanore, Jr., for the State.

J. Troy Smith, Jr., Ward, Tucker, Ward & Smith, New Bern, for defendant appellant.

MOORE, Justice.

Defendant first assigns as error the denial of his motion to prevent private counsel from appearing to aid the solicitor in prosecuting the case. Defendant concedes that the practice of allowing private prosecution is deeply rooted in North Carolina practice. However, he urges that with the enactment of Article 9 of Section 7A of the General Statutes, effective January 1, 1971, the role of the solicitor has changed from that of an advocate to an impartial...

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