STATE v. THOMAS

No. 7512SC803.

226 S.E.2d 163 (1976)

29 N.C. App. 757

STATE of North Carolina v. James C. THOMAS, Sr.

Court of Appeals of North Carolina.

June 18, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Roy A. Giles, Jr., Raleigh, for the State.

Seavy A. Carroll, Fayetteville, for defendant appellant.


PARKER, Judge.

Defendant assigns error to the court's refusal to strike the words "deadly weapon" from the bill of indictment. Defendant maintains his motion to delete "deadly weapon" amounted to a motion to quash for duplicity, contending the indictment charged two offenses in one count, to wit: (1) assault with a deadly weapon, a violation of G.S. 14-33(b)(1), and (2) assault with a firearm on a police officer while such officer was in the performance of his duties...

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