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STATE v. ROBERTSON

No. COA02-1730.

587 S.E.2d 902 (2003)

STATE of North Carolina v. Willie ROBERTSON, Defendant.

Court of Appeals of North Carolina.

November 18, 2003.

Attorney(s) appearing for the Case

Roy A. Cooper, III, Attorney General, by James A. Wellons, Special Deputy Attorney General, for the State.

William B. Gibson, Winston-Salem, for defendant-appellant.

MARTIN, Judge.

Defendant Willie Robertson was indicted for two counts of malicious conduct by a prisoner arising out of an incident in which he is alleged, while an inmate in the custody of the North Carolina Department of Correction, to have knowingly and willfully spit in the face of two prison guards on 12 December 2001 at the Warren Correction Institute. He was also indicted for an additional count of malicious conduct by a prisoner and for assault on a government...

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