STATE v. CHERRY

No. 813SC777.

286 S.E.2d 368 (1982)

STATE of North Carolina v. Diane Wilhelmina CHERRY.

Court of Appeals of North Carolina.

February 2, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. George W. Boylan, Raleigh, for the State.

Robert L. White, Greenville, for defendant-appellant.


BECTON, Judge.

I

Defendant first argues that the trial court should have allowed her motion to dismiss the bill of indictment. Defendant was originally charged in a Magistrate's Order with feloniously possessing with intent to sell and deliver four grams, but less than fourteen grams, of heroin. Defendant was subsequently indicted for feloniously trafficking in heroin by possessing and transporting 4.6 grams of heroin in violation of G.S. 90-95(h)(4). The...

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