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STATE v. BRYANT

No. 28.

191 S.E.2d 745 (1972)

282 N.C. 92

STATE of North Carolina v. Delmos Eugene BRYANT et al.

Supreme Court of North Carolina.

October 11, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Millard R. Rich, Jr., for the State.

Roger W. Smith, of Tharrington & Smith, Raleigh, for defendant White.

William W. Merriman, III, of Liles & Merriman, Raleigh, for defendant Holloman.

John H. Parker, of Sanford, Cannon, Adams & McCullough, Raleigh, for defendant Bryant.

BRANCH, Justice.

Defendants' first Assignment of Error is stated as follows: "Where a criminal defendant is not afforded a preliminary hearing and the Grand Jury returns a true bill of indictment based upon hearsay evidence alone, should the indictment be dismissed?"

A preliminary hearing is not an essential prerequisite to the finding of a true bill of indictment in this State, and the absence of a preliminary hearing is not ground for quashal of an indictment...

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