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STATE v. NICCUM

No. 21.

238 S.E.2d 141 (1977)

293 N.C. 276

STATE of North Carolina v. Thomas L. NICCUM.

Supreme Court of North Carolina.

October 11, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, Associate Atty. Patricia B. Hodulik, Raleigh, for the State.

Pearson, Malone, Johnson, DeJarmon & Spaulding by C. C. Malone, Jr., and Clayton, Myrick & Oettinger, and Robert W. Myrick, Durham, for petitioner-appellant.

SHARP, Chief Justice.

Preliminarily, we note the procedural posture of this case. Niccum first petitioned the Court of Appeals to issue its writ of certiorari to the superior court to review Judge Peel's judgment decreeing the legality of his imprisonment and remanding him to the custody of the Commissioner of Correction to complete his sentence. Upon the Court of Appeals' denial of his petition, Niccum filed a second and substantially identical petition for certiorari...

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