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STATE v. SMITH

No. 7520SC428.

219 S.E.2d 277 (1975)

27 N.C. App. 379

STATE of North Carolina v. Tony Darcella SMITH.

Court of Appeals of North Carolina.

November 5, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. David S. Crump, Raleigh, for the State.

Brown, Brown & Brown by Charles P. Brown, Albemarle, for defendant-appellant.

CLARK, Judge.

Defendant assigns error in the finding that he was not indigent and the denial of his request for appointment of counsel. According to the record on appeal on 10 June 1974, he waived preliminary hearing and waived in writing the assignment of counsel. The case was calendared for trial on 22 July 1974. On that day the defendant appeared in court and filed an affidavit of indigency, disclosing facts as follows: That he was an E-4 in the U.S. Army with...

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