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STATE v. EVANS

No. 7814SC1040.

253 S.E.2d 590 (1979)

40 N.C. App. 730

STATE of North Carolina v. Johnny Clifton EVANS.

Court of Appeals of North Carolina.

April 17, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. William Woodward Webb, Raleigh, for the State.

Loflin, Loflin, Galloway, Leary & Acker by James R. Acker, Durham, for defendant-appellant.

VAUGHN, Judge.

Defendant first contends that the trial court erred in imposing judgment on both charges because the result is that he has been twice convicted and sentenced for the same criminal act. In case number 77CRS12277, defendant was charged with having

"unlawfully and willfully threaten to (physically injure the person) . . . of Thomas Dolby. The threat was communicated to the person by Johnny Evans, orally stating that he would kill Thomas Dolby...

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