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STATE v. GATEWOOD

No. 7918SC838.

264 S.E.2d 375 (1980)

46 N.C. App. 28

STATE of North Carolina v. Darrell Delane GATEWOOD.

Court of Appeals of North Carolina.

April 1, 1980.

Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Asst. Atty. Gen., Elizabeth C. Bunting, Raleigh, for the State.

Brooks, Pierce, McLendon, Humphrey & Leonard by L. P. McLendon, Jr., George W. House and Paul E. Marth, Greensboro, for defendant-appellant.

CLARK, Judge.

Did the trial court err in denying defendant's motion for dismissal?

The bill of indictment contains two counts: first, a violation of N.C.Gen.Stat. 20-166(a) and, second, a violation of N.C. Gen.Stat. 20-166(c). The first count charges the failure "to immediately stop [his] vehicle at the scene of [the] accident...." All of the evidence established that defendant immediately stopped his automobile. Proof of this charge is wholly lacking, and...

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