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STATE v. BARNEYCASTLE

No. 8227SC558.

301 S.E.2d 711 (1983)

STATE of North Carolina v. Joseph M. BARNEYCASTLE.

Court of Appeals of North Carolina.

April 19, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., Douglas A. Johnston, Raleigh, for the State.

Malcolm B. McSpadden, Asst. Public Defender, Gastonia, for defendant-appellant.

JOHNSON, Judge.

By his first assignment of error defendant contends the trial court erred in denial of his pre-trial motion to dismiss the charge on the ground that the pleadings in the warrant are not sufficient to charge defendant with the offense of assault with a deadly weapon in the manner required by G.S. 15A-924(a)(5). We do not agree.

Together, G.S. 15A-924(e) and 15A-954(a)(10) provide that on motion of the defendant the court must dismiss the charges...

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