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STATE v. TRUESDALE

No. 7221SC152.

186 S.E.2d 604 (1972)

13 N.C. App. 622

STATE of North Carolina v. Donald TRUESDALE and Gary A. Garrett.

Court of Appeals of North Carolina.

February 23, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Gen. Ronald M. Price for the State.

Annie Brown Kennedy, Winston-Salem, for defendant appellants.

MORRIS, Judge.

Appellants were tried in district court on the warrants, were found guilty and appealed to the superior court. From the record it appears that the State inadvertently sent bills of indictment to the grand jury but announced in open court "that the State does not propose to proceed under the bill of indictment, but rather under the warrant on which the defendant was tried in the District Court of this county . . ." Appellants assign as error the denial...

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