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STATE v. RICHARDSON

No. 89.

245 S.E.2d 754 (1978)

STATE of North Carolina v. Norbert Glen RICHARDSON.

Supreme Court of North Carolina.

July 14, 1978.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Rudolph A. Ashton, III, Associate Atty. Gen., Raleigh, for the State of North Carolina.

Russell Houston, III, Grifton, for defendant-appellant.

HUSKINS, Justice:

In the felonious breaking or entering case (77Cr7468), defendant moved to dismiss the bill of indictment on the ground that it fails to state the number of qualified grand jurors who concurred in the finding of the bill. Denial of this motion constitutes defendant's first assignment of error.

Defendant relies on G.S. 15A-644(a)(5) which provides that an indictment must contain the signature of the foreman or acting foreman of the grand jury...

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