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STATE v. HART

No. 49.

213 S.E.2d 291 (1975)

287 N.C. 76

STATE of North Carolina v. Dillard P. HART and Drewry Hall.

Supreme Court of North Carolina.

April 14, 1975.

Attorney(s) appearing for the Case

James H. Carson, Jr., Atty. Gen., Edwin M. Speas, Jr., Asst. Atty. Gen., Richard F. Kane, Associate Attorney, Raleigh, for the State of North Carolina, appellant.

Harriss, Ruis & Mulligan, by Ronald H. Ruis and Michael J. Mulligan, Durham, for defendant appellees.

HUSKINS, Justice:

Prior to the enactment of Chapter 1434 of the 1973 Session Laws, G.S. § 14-190.2(h) (1973 Cum. Supp.) provided in pertinent part:

"Nothing in this section shall be construed as preventing any law enforcement officer from arresting any person when that person is charged under a proper warrant or indictment with a criminal violation of this Article. . .."

Chapter 1434 of the 1973 Session Laws, effective July 1, 1974, rewrote...

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