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STATE v. VANCE

No. 202PA90.

403 S.E.2d 495 (1991)

328 N.C. 613

STATE of North Carolina v. Alfred Ray VANCE.

Supreme Court of North Carolina.

May 2, 1991.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Linda Anne Morris, Asst. Atty. Gen., Raleigh, for State.

Malcolm Ray Hunter, Jr., Appellate Defender, and Constance Everhart, Asst. Appellate Defender, Raleigh, for defendant-appellant.

MITCHELL, Justice.

The central issue before this Court on appeal is whether the trial court erred in denying the defendant's motion to dismiss the charge upon which he was tried for second degree murder; his motion to dismiss was based on the common law year and a day rule. Although today we prospectively abrogate the year and a day rule, we conclude that the trial court erred and that the decision of the Court of Appeals...

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