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STATE v. FLEMING

No. 8125SC87.

279 S.E.2d 29 (1981)

STATE of North Carolina v. Joseph Berry FLEMING

Court of Appeals of North Carolina.

June 16, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., Sandra M. King, Raleigh, for the State.

Triggs & Mull by John R. Mull, Morganton, for defendant.

HARRY C. MARTIN, Judge.

Defendant moved to quash the bill of indictment and assigns as error the court's failure to allow the motion. The pertinent parts of the bill are:

THE JURORS FOR THE STATE UPON THEIR OATH PRESENT that on or about the 21st day of June, 1980, in Burke County Joseph Berry Fleming unlawfully and wilfully did feloniously and intentionally attempt to acquire and obtain possession of Dilaudid (Hydromorphone), a controlled Substance included...

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