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STATE v. SUTTON

No. 768SC481.

230 S.E.2d 572 (1976)

31 N.C. App. 697

STATE of North Carolina v. William Earl SUTTON.

Court of Appeals of North Carolina.

December 15, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen. Robert P. Gruber, Raleigh, for the State.

Gerrans & Spence, P. A. by William D. Spence, Kinston, for defendant-appellant.

MORRIS, Judge.

When these cases were called to trial, defendant moved to quash the indictments in No. 75CR10425 and No. 75CR10424 on the grounds that he had not been given a probable-cause hearing on those charges. In his first assignment of error, defendant contends that the trial judge erred in failing to quash the indictments.

Prior to the adoption of the Pretrial Criminal Procedure Act (Chapter 15A of the General Statutes), the State could properly try...

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