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STATE v. MIDYETTE

No. 791SC761.

262 S.E.2d 353 (1980)

STATE of North Carolina v. John Wright MIDYETTE.

Court of Appeals of North Carolina.

February 5, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Tiare B. Smiley, Raleigh, for the State.

Robert B. Lowry and Jennette, Morrison & Austin by John S. Morrison, Elizabeth City, for defendant-appellant.

VAUGHN, Judge.

This appeal raises the sole issue of whether a bill of indictment returned without any marking to indicate whether it is a true bill or not a true bill is defective and insufficient when other evidence shows that the bill was returned in open court by the grand jury as a true bill.

Four indictments were returned by the grand jury on 26 March 1979 against defendant for felonious breaking and entering...

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