STATE v. LEE

No. 798SC156.

255 S.E.2d 602 (1979)

STATE of North Carolina v. Sylvester LEE.

Court of Appeals of North Carolina.

June 19, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Sp. Deputy Atty. Gen., John R. B. Matthis, Raleigh, for the State.

Hulse & Hulse, by Herbert B. Hulse, Goldsboro, for defendant-appellant.


VAUGHN, Judge.

Defendant first contends that the trial court erred in denying his motion to strike the portion of the bill of indictment charging an intent to kill because the warrant at the probable cause hearing did not include that allegation. He argues that once the State has elected to proceed upon a specific charge and probable cause is found on that charge, the State cannot thereafter, with respect to the same facts, proceed on a bill of indictment charging...

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