STATE v. TAYLOR

No. 232A83.

316 S.E.2d 225 (1984)

STATE of North Carolina v. Joseph Clifton TAYLOR.

Supreme Court of North Carolina.

June 5, 1984.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Charles H. Hobgood, Associate Atty., Raleigh, for the State.

Mark Galloway, Roxboro, and W. Osmond Smith, P.C., Yanceyville, for defendant-appellant.


BRANCH, Chief Justice.

By his first assignment of error, defendant contends the trial court erred in failing to grant his motion to dismiss the indictment on the ground that it was not returned in open court.

General Statute 15A-628(c) provides, in pertinent part, that "[b]ills of indictment submitted by the prosecutor to the grand jury, whether found to be true bills or not, must be returned by the foreman of the grand jury to the presiding judge in open...

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