STATE v. FIE

No. 8530SC1236.

343 S.E.2d 248 (1986)

STATE of North Carolina v. Floyd Rufus FIE and Steve Harverson.

Court of Appeals of North Carolina.

May 20, 1986.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Special Deputy Atty. Gen. Joan H. Byers, Dept. of Justice, Raleigh, for the State.

John E. Shackelford, Asheville, for defendant, appellant, Floyd Rufus Fie.

Asst. Appellate Defender Geoffrey C. Mangum, Raleigh, for defendant, appellant, Steven Harverson.


HEDRICK, Chief Judge.

Both defendants contend the trial court erred in submitting the conspiracy to commit larceny charges to the jury because defendants were never properly indicted for these crimes. The indictments in question are identical except for defendants' name:

THE GRAND JURORS FOR THE STATE UPON THEIR OATH PRESENT, That [defendant], Mitchell John Pakulski, Elliott Clifford Rowe III, Donna Rowe (now Porietis), David Chambers and others, late of the...

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