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STATE v. RIVENS

No. 100.

261 S.E.2d 867 (1980)

STATE of North Carolina v. Keno Michelle RIVENS.

Supreme Court of North Carolina.

February 1, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Jo Anne Sanford, for the State.

William V. Bost, Salisbury, for defendant.

COPELAND, Justice.

In awarding the defendant a new trial in an unpublished opinion filed on 15 May 1979, the Court of Appeals relied on a decision by this Court announced in 1971, State v. Bailey, 278 N.C. 80, 178 S.E.2d 809 (1971). Three days after the Court of Appeals filed its opinion in this case, this Court overruled Bailey in the decision of State v. Thompson, 297 N.C. 285, 254 S.E.2d...

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