STATE v. DANIEL

No. 7315SC564.

198 S.E.2d 464 (1973)

19 N.C. App. 313

STATE of North Carolina v. James Ellie DANIEL.

Court of Appeals of North Carolina.

August 29, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by John R. B. Matthis, Asst. Atty. Gen., Raleigh, for the State.

Manning, Allen & Hudson by Marcus Hudson, Chapel Hill, for defendant appellant.


VAUGHN, Judge.

At trial defendant signed what purports to be a waiver of indictment and was sentenced on an information filed by the solicitor. He was not represented by counsel. In non-capital felony cases a defendant may waive a bill of indictment only when represented by counsel and when both defendant and his counsel sign a written waiver of indictment. G.S. § 15-140.1. State v. Hayes,

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