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STATE v. LEE

No. 7815SC1033.

252 S.E.2d 225 (1979)

40 N.C. App. 165

STATE of North Carolina v. Gary Dennis LEE.

Court of Appeals of North Carolina.

March 6, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen. John R. B. Matthis and Associate Atty. Gen. Rebecca R. Bevacqua, Raleigh, for the State.

Edwards & Atwater by Phil S. Edwards and W. Ben Atwater, Jr., Siler City, for defendant-appellant.

PARKER, Judge.

When defendant filed his petition for writ of error coram nobis on 18 November 1977, the filing of such a petition was the appropriate procedure by which a defendant not in prison could challenge the validity of a criminal judgment against him on grounds extraneous to the record. State v. Green, 277 N.C. 188, 176 S.E.2d 756 (1970). There having been no appeal from the...

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