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STATE v. VAUGHN

No. 57.

250 S.E.2d 210 (1978)

296 N.C. 167

STATE of North Carolina v. Hugh Lee VAUGHN.

Supreme Court of North Carolina.

December 29, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Donald W. Stephens, Raleigh, for the State.

Hartsell, Hartsell & Mills by W. Erwin Spainhour, Concord, for defendant-appellant.

MOORE, Justice.

Defendant first insists that the trial court erred in denying his motion to dismiss the indictment, pursuant to G.S. 15A-606, on the ground that no probable cause hearing was held prior to indictment. This same contention was made in State v. Lester, 294 N.C. 220, 240 S.E.2d 391 (1978), and was answered contrary to defendant's position in this case. There, the Court quoted with approval from the Official Commentary...

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