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STATE v. HAYES

No. 9012SC690.

404 S.E.2d 12 (1991)

102 N.C. App. 777

STATE of North Carolina v. Eddie Ben HAYES.

Court of Appeals of North Carolina.

May 7, 1991.

Attorney(s) appearing for the Case

Attorney General Lacy H. Thornburg by Asst. Atty. Gen. E. Burke Haywood, Raleigh, for the state.

Tally & Tally by John C. Tally, Fayetteville, for defendant-appellant.

WELLS, Judge.

Defendant brings forward two assignments of error contending that the trial court erred in failing to dismiss the charges against defendant based on alleged violations of the Posse Comitatus Act (18 U.S.C. § 1385) and in finding as an aggravating factor that the defendant occupied a position of leadership concerning the other participants in the commission of the offense. We find no error.

18 U...

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