STATE v. YELTON

No. 8727SC362.

361 S.E.2d 753 (1987)

STATE of North Carolina v. Randy Scott YELTON. STATE of North Carolina v. Phillip H. YELTON.

Court of Appeals of North Carolina.

November 17, 1987.


Attorney(s) appearing for the Case

Atty. Gen. Thornburg by Asst. Atty. Gen. Francis W. Crawley, Raleigh, for State.

William E. Lamb, Jr., Lamb Law Offices, Shelby, for defendant-petitioners.


EAGLES, Judge.

Petitioners contend the trial court erred in two respects: failing to dismiss the State's motion when the State presented no evidence and issuing an order directing petitioners' retained counsel to represent only one defendant. Though we disagree with appellants' first contention, we agree that the trial court erred by ordering the petitioners' counsel to represent but one defendant. Accordingly, we reverse.

I

Petitioners first assign...

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