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STATE v. WARD

No. COA96-1205.

487 S.E.2d 798 (1997)

STATE of North Carolina v. Roger WARD, Joel Shirley, & Timothy Harvell, Defendants

Court of Appeals of North Carolina.

August 5, 1997.

Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Associate Attorney General Melanie L. Vtipil and Assistant Attorney General Gail E. Weis, for the State.

Harkey, Lambeth, Nystrom, Fiorella & Morrison, L.L.P. by Edward A. Fiorella, Jr., Dale S. Morrison, and Jeffrey S. Williams-Tracy, Charlotte, for defendants-appellants.

TIMMONS-GOODSON, Judge.

On or about 1 March 1996 criminal summonses issued for defendants Roger Ward, Joel Shirley and Timothy Harvell (hereinafter collectively referred to as "defendants"), indicating that there was probable cause to believe that defendants "did unlawfully, willfully did [sic] promote and participate in a pyramid [scheme]." Defendants subsequently filed a "Motion to Dismiss, or in the alternative, Motion...

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