STATE v. HANSON

No. 812SC1259.

291 S.E.2d 912 (1982)

STATE of North Carolina v. Robert HANSON.

Court of Appeals of North Carolina.

June 1, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Michael Rivers Morgan, Raleigh, for the State.

Robert H. Cowen, Williamston, for defendant-appellant.


WELLS, Judge.

In his appeal, defendant assigns error to the trial court's denial of his motion to dismiss at the close of the State's evidence. We do not reach defendant's assignment of error because we find the indictment on which defendant was tried to be fatally defective. The indictment is as follows, in pertinent part:

THE JURORS FOR THE STATE UPON THEIR OATH PRESENT that on or about the 7th day of September...

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