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STATE v. ROBERTS

No. 7225SC581.

192 S.E.2d 649 (1972)

16 N.C. App. 607

STATE of North Carolina v. James Lewis ROBERTS and Thomas Edward Tillman.

Court of Appeals of North Carolina.

November 22, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. R. S. Weathers for the State.

James M. Gaither, Jr., Hickory, for James Lewis Roberts, defendant appellant.

E. Fielding Clark, II, Hickory, for Thomas Edward Tillman, defendant appellant.

MALLARD, Chief Judge.

The defendants' first assignment of error is that the court erred in refusing to grant their motion to quash the indictment on the grounds that they were denied a preliminary hearing after a date had been designated for such hearing.

The purpose of a preliminary hearing is to effect a release for one who is held in violation of his rights. State v. Davis, 253 N.C. 86, 116 S.E.2d 365

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