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STATE v. SETZER

No. 8227SC700.

301 S.E.2d 107 (1983)

STATE of North Carolina v. Cyril Rodney SETZER.

Court of Appeals of North Carolina.

April 5, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Jane P. Gray, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Marc D. Towler, Raleigh, for defendant-appellant.

WEBB, Judge.

The defendant argues under one assignment of error that the indictment on which he was tried is fatally defective. The indictment reads as follows:

"THE JURORS FOR THE STATE UPON THEIR OATH PRESENT that on or about the 17th day of October, 1981, in Cleveland County Cyril Rodney Setzer unlawfully, wilfully, and feloniously having in his possession and with the use and threatened use of firearms, and other dangerous weapons, implements, and means...

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