STATE v. SMITH

No. 43.

230 S.E.2d 644 (1976)

291 N.C. 438

STATE of North Carolina v. Freddie SMITH.

Supreme Court of North Carolina.

December 21, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, Associate Atty. Jack Cozort, Raleigh, for the State.

Turner & Harrison, Kinston, for defendant-appellee.


SHARP, Chief Justice.

Section (a) of G.S. 15A-928 (1975 Replacement) provides, inter alia: "When the fact that the defendant has been previously convicted of an offense raises an offense of lower grade to one of higher grade and thereby becomes an element of the latter," an indictment or information charging the higher offense may not allege the previous conviction.

Section (b) requires that an indictment or information charging "the higher offense...

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