STATE v. MARTINDALE

No. 7215SC439.

189 S.E.2d 549 (1972)

STATE of North Carolina v. Jeffrey S. MARTINDALE.

Court of Appeals of North Carolina.

June 28, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Walter E. Ricks, III, Associate Atty. Gen., for the State.

John D. Xanthos, Burlington, for defendant appellant.


BRITT, Judge.

Defendant contends that the first count in the bill of indictment is fatally defective for that it does not name the person to whom a sale was allegedly made and does not allege that the name of the purchaser is unknown. The contention has merit.

The first count in the indictment alleges: "That Jeffrey S. Martindale late of the County of Alamance on the 15th day of April, 1971 at and in the county aforesaid, did unlawfully, wilfully and feloniously...

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