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STATE v. HORTON

No. 7215SC513.

190 S.E.2d 274 (1972)

15 N.C. App. 604

STATE of North Carolina v. James Edward HORTON.

Court of Appeals of North Carolina.

August 2, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. H. A. Cole, Jr., for the State.

Rex T. Savery, Jr., Chapel Hill, for defendant.

BROCK, Judge.

Defendant challenges the sufficiency of the second count in each of the two bills of indictment. The second count in each bill fails to allege the name of the purchaser at the sale allegedly made by defendant. Upon the authority of State v. Bennett, 280 N.C. 167, 185 S.E.2d 147, defendant's assignment of error is sustained.

Although the second count in each bill of indictment...

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