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STATE v. JOHNSON

No. 8524SC181.

335 S.E.2d 770 (1985)

STATE of North Carolina v. Michael Dean JOHNSON.

Court of Appeals of North Carolina.

October 29, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Michael Rivers Morgan, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Geoffrey C. Mangum, Raleigh, for defendant-appellant.

PHILLIPS, Judge.

Defendant was convicted of two counts of felonious breaking or entering and two counts of felonious larceny. In this Court for the first time he challenges the sufficiency of the two indictments that he was tried on. This is permitted by our law since jurisdiction to try an accused for a felony depends upon a valid bill of indictment. N.C. Constitution art. I, Sec. 22; State v. McBane, 276 N.C. 60, 170 S.E.2d 913

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