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STATE v. HILL

No. 7621SC417.

229 S.E.2d 810 (1976)

31 N.C. App. 248

STATE of North Carolina v. Billy Gray HILL.

Court of Appeals of North Carolina.

October 20, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. Ralf F. Haskell, Raleigh, for the State.

Joyce Riddle Neely and William G. Pfefferkorn, Winston-Salem, for defendant-appellant.

ARNOLD, Judge.

Defendant contends that the indictment upon which he was tried and convicted for uttering a forged check was fatally defective. He contends that an essential element of the crime of uttering a forged check, that it was uttered with intent to defraud, was not alleged, and that consequently the court lacked jurisdiction.

G.S. 14-120 provides:

"If any person, directly or indirectly, whether for the sake of gain or with intent to defraud...

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