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STATE v. SAULS

No. 7518SC1018.

224 S.E.2d 702 (1976)

29 N.C. App. 457

STATE of North Carolina v. Sears William SAULS.

Court of Appeals of North Carolina.

May 19, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Archie W. Anders, Raleigh, for the State.

William C. Ray, Greensboro, for defendant-appellant.

CLARK, Judge.

The crime of accessory before the fact to the crime charged in an original indictment is a lesser included offense. State v. Simons, 179 N.C. 700, 103 S.E. 5 (1920); Richardson v. Ross, 310 F.Supp. 134 (E.D.N.C.1970). The State having elected to proceed on the charges of accessory before the fact to the principal charges in the indictment, the trial court properly submitted to the jury these lesser...

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