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STATE v. POLITE

No. 855SC941.

340 S.E.2d 762 (1986)

STATE of North Carolina v. Thelma Ray POLITE.

Court of Appeals of North Carolina.

March 18, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Associate Atty. Gen., Abraham Penn Jones, Raleigh, for the State.

No brief filed for defendant-appellee.

PHILLIPS, Judge.

The State's appeal is from an order dismissing an indictment. The only question presented is whether in charging one with soliciting another to commit a felony it is necessary to allege the elements of the crime solicited. Such allegations are not necessary. Soliciting another to commit a felony has long been a misdemeanor at common law. State v. Hampton, 210 N.C. 283, 186 S.E. 251 (1936). The crime of solicitation does not depend upon...

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