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STATE v. McDIARMID

No. 7712SC906.

243 S.E.2d 398 (1978)

STATE of North Carolina v. Neil A. McDIARMID, Jr.

Court of Appeals of North Carolina.

May 2, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Thomas F. Moffitt, Raleigh, for the State.

Brown, Fox & Deaver by Bobby G. Deaver, Fayetteville, for defendant-appellant.

ERWIN, Judge.

We note that the record in this case was not timely filed as required by App.R. 12(a). We elect to treat this appeal as a Petition for Writ of Certiorari, which we allow, and proceed to dispose of the case on its merits. See Boone v. Fuller, 30 N.C. App. 107, 226 S.E.2d 191 (1976).

The defendant presents one argument: he contends that the trial court committed error...

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