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SMITH v. STATE

No. 7725SC523.

244 S.E.2d 161 (1978)

36 N.C. App. 307

C. Capers SMITH v. STATE of North Carolina, James Holshouser, Governor, Joe K. Byrd, Chairman, State Board of Mental Health, Ralph Scott, Chairman, Advisory Budget Commission, David T. Flaherty, Individually and as Secretary of Human Resources, N. P. Zarzar, Individually and as Commissioner, Department of Mental Health, Trevor G. Williams, Individually and as Superintendent of Broughton Hospital.

Court of Appeals of North Carolina.

May 16, 1978.

Attorney(s) appearing for the Case

Hall, Booker, Scales & Cleland, by James J. Booker, Winston-Salem and Hatcher, Sitton, Powell & Settlemyer, by Claude S. Sitton, Morgantown, for plaintiff-appellant.

Atty. Gen. Rufus L. Edmisten, by Special Deputy Atty. Gen. William F. O'Connell, Raleigh, for the State.

WEBB, Judge.

We note first that the plaintiff amended his complaint after the decisions of the Supreme Court, Smith v. State, supra, to allege that the actions of David T. Flaherty were motivated by malicious and corrupt intent. The plaintiff excepted to the directed verdict in favor of the individual defendants and assigned this as error in his brief. In support of this assignment of error, no reason or argument is stated and no authority is cited. The assignment...

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