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STATE v. GIBSON

No. 7312SC265.

196 S.E.2d 564 (1973)

18 N.C. App. 305

STATE of North Carolina v. Daryl E. GIBSON.

Court of Appeals of North Carolina.

May 23, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. James E. Magner, Jr., for the State.

Asst. Public Defender Kenneth Glusman, Fayetteville, for defendant appellant.

CAMPBELL, Judge.

The defendant stipulated that the substance received from Agent Woodall and analyzed by Agent McSwain was heroin. He did not stipulate that Agent McSwain would have testified that it was heroin. The court did not err when, in its instruction, it recited the stipulation and charged that "no further proof is required for the facts stated in the agreement." Compare State v. Thornton, 17 N.C. App. 225,

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