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STATE v. GOOCH

No. 484PA82.

297 S.E.2d 599 (1982)

STATE of North Carolina v. Kenneth Earl GOOCH.

Supreme Court of North Carolina.

December 7, 1982.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Blackwell M. Brogden, Jr., Asst. Atty. Gen., Raleigh, for the State.

Adam Stein, Appellate Defender by Marc D. Towler, Asst. Appellate Defender, Raleigh, for defendant.

CARLTON, Justice.

I.

The facts are adequately stated in the Court of Appeals' Opinion. 58 N.C. App. 582, 294 S.E.2d 13 (1982). It is unnecessary to repeat them here.

Kenneth Earl Gooch, defendant, was tried upon an indictment which read as follows:

THE JURORS FOR THE STATE UPON THEIR OATH PRESENT that on or about the 30 day of August, 1980, in Durham County Kenneth Earl Gooch unlawfully and wilfully did...

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