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STATE v. CHAPPELL

No. 7314SC373.

196 S.E.2d 558 (1973)

18 N.C. App. 288

STATE of North Carolina v. Gene Herbert CHAPPELL.

Court of Appeals of North Carolina.

May 23, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Associate Atty. Gen. Howard A. Kramer for the State.

Stubbs, Biggs & Cole by Irvin P. Breedlove, Jr., Durham, for defendant appellant.

HEDRICK, Judge.

Defendant first assigns as error the denial of his motion to quash the warrant.

The record discloses that after pleading not guilty and prior to the introduction of any evidence, defendant made the following motion:

"I would like to move that the indictment which Mr. Gene Chappell is charged under is defective, in that the indictment shows that he was charged with permitting an intoxicated...

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