STATE v. BAGGETT

No. COA98-636.

514 S.E.2d 536 (1999)

STATE of North Carolina, Plaintiff, v. Roy Ellis BAGGETT, Defendant. State of North Carolina, Plaintiff, v. Ed Penuel, Defendant.

Court of Appeals of North Carolina.

April 20, 1999.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley, by Assistant Attorney General Jill Ledford Cheek, for the State.

Lanier & Fountain, by Keith E. Fountain, Jacksonville, for defendant-appellees.


GREENE, Judge.

The State appeals from the superior court's order affirming the district court's dismissal of criminal charges against Roy Ellis Baggett and Ed Penuel (collectively, Defendants).

Defendants own and operate Tobie's Lounge, a topless bar located less than one mile outside the city limits of Jacksonville, North Carolina, in Onslow County. On 26 August 1997, Defendants were each charged with "knowingly and intentionally operat[ing] an adult business...

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