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STATE v. TURNER

No. 4.

187 S.E.2d 750 (1972)

281 N.C. 118

STATE of North Carolina v. Craven TURNER, Jr.

Supreme Court of North Carolina.

April 12, 1972.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., by Ralph Moody, Sp. Counsel to Atty. Gen., and William Lewis Sauls, Associate Atty. Gen., for the State.

Davis, Koontz & Horton by James C. Davis and Clarence E. Horton, Jr., Concord, for defendant appellant.

HIGGINS, Justice.

After the appellant had filed the record of the case on appeal and his brief, the Attorney General filed the State's brief which contained the statement here quoted:

"In view of the decision of this Court in State v. Blackmon (280 N.C. 42 [185 S.E.2d 123]), we do not discuss the Lynch case (279 N.C. 1 [181 S.E.2d 561

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