STATE v. SMITH

No. 74.

178 S.E.2d 597 (1971)

STATE of North Carolina v. Marshall SMITH.

Supreme Court of North Carolina.

January 29, 1971.


Attorney(s) appearing for the Case

Downing, Downing & David by Harold D. Downing, Fayetteville, for defendant appellant.

Robert B. Morgan, Atty. Gen., Millard R. Rich, Jr., Andrew A. Vanore, Jr., Asst. Attys. Gen., for the State.


HIGGINS, Justice.

On this appeal the defendant argues the trial court committed two prejudicial errors: (1) The court should have sustained his motion to quash the indictment and should have dismissed the action because of defects in the North Carolina Capital Felony Statute under which the indictment was drawn; and, conditionally, (2) If his motion to quash be not allowed, then he is entitled to a new trial because of the court's error in permitting the State to...

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