State v. Trexler

334 S.E.2d 414 (1985)

STATE of North Carolina

v.

Richard Lewis TREXLER.

No. 8428SC1346.

Court of Appeals of North Carolina.

October 1, 1985.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. General W. Dale Talbert, Dept. of Justice, Raleigh, for the State.

Roberts, Cogburn, McClure & Williams by Max O. Cogburn and Isaac N. Northup, Jr., Asheville, for defendant-appellant.

WEBB, Judge.

The defendant assigns error to the denial of his motion to dismiss. We hold, pursuant to State v. Brown, 308 N.C. 181, 301 S.E.2d 89 (1983), that we are bound to sustain this assignment of error. In Brown our Supreme Court…