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STATE v. CHURCH

No. 8423SC680.

327 S.E.2d 33 (1985)

STATE of North Carolina v. Dennis Lee CHURCH.

Court of Appeals of North Carolina.

March 19, 1985.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Charles M. Hensey, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender David W. Dorey, Raleigh, for defendant-appellant.

HEDRICK, Chief Judge.

The bill of indictment in which defendant was charged was drawn from G.S. 90-108(a)(10) (Cum.Supp.1983) which states:

(a) It shall be unlawful for any person: . . . . . (10) To acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge.

G.S. 90-108(b) (Cum.Supp.1983) states:

(b) Any person who violates this section shall be guilty of a misdemeanor...

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