STATE v. PHILLIPS

No. 85.

256 S.E.2d 212 (1979)

297 N.C. 600

STATE of North Carolina v. Donald Gene PHILLIPS and Michael Joel Pressley.

Supreme Court of North Carolina.

July 12, 1979.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., and George J. Oliver, Asst. Atty. Gen., Raleigh, for the State.

Noland, Holt & Campbell by R. Edward Campbell, Waynesville, for defendants.


SHARP, Chief Justice.

At the conclusion of the evidence defendants moved to dismiss the case on the grounds that the indictment against them was based solely on the perjured testimony of the State's witness Joe Bill Deyton. The trial court's denial of this motion constitutes defendants' first assignment of error. Whether an indictment would ever be subject to dismissal on the foregoing grounds and, if so, under what circumstances, is a question we need not now explore...

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