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STATE v. FEARING

No. 27.

284 S.E.2d 479 (1981)

STATE of North Carolina v. Malcolm Keith FEARING, III.

Supreme Court of North Carolina.

December 1, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Elizabeth C. Bunting, Raleigh, for the State.

White, Hall, Mullen, Brumsey & Small by Gerald F. White, Elizabeth City and McCown & McCown by Wallace H. McCown, Menteo, for defendant-appellee.

COPELAND, Justice.

This is one of three cases decided by our Court today which arise out of the same accident in Dare County. See State v. Charles Fearing, ___ N.C. ___, 284 S.E.2d 487 (1981); State v. Duvall, ___ N.C. ___, 284 S.E.2d 495 (1981). The instant case, State v. Malcolm Fearing, is before us specifically upon the State's appeal from the Court of Appeals' decision...

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