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STATE v. ANDERSON

No. 8112SC1141.

292 S.E.2d 163 (1982)

STATE of North Carolina v. Donnie Ray ANDERSON, Ronnie Anderson, Barry Dean Barker, Atha Louise Bates, Larry Boyd Crouse, William A. Cody Durham, James C. Rhodes, Edward Smoot, Warren Grady Wood, Randy Keith Byrd, Randall S. Smoot.

Court of Appeals of North Carolina.

June 15, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Christopher P. Brewer, Raleigh, for the State.

Paul W. Freeman, Jr., Wilkesboro, for defendants-appellees Barry Dean Barker, Edward Smoot, and Warren Grady Wood.

William C. Gray, Jr., Wilkesboro, for defendants-appellees Donnie Ray Anderson, Ronnie Anderson, Larry Boyd Crouse, James C. Rhodes, Randy Keith Byrd and Randell S. Smoot.

CLARK, Judge.

This appeal raises two questions: First, did the trial court err in Order No. 1 by its interpretation of G.S. 90-95(h)(1), holding that both possession and manufacture were a single crime; and second, did the trial court err in Order No. 2 by dismissing the charges against the defendants on the grounds that the destruction of most of the seized marijuana plants by law officers violated statutory and constitutional rights of the defendants...

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