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STATE OF NORTH CAROLINA v. JEFF ATKINS

The defendant was charged in a bill of indictment, proper in form, with possession of narcotic drugs for the purpose of sale, in violation of G.S. 90-88. The defendant, represented by privately employed counsel, entered a plea of nolo contendere. From a judgment imposing a prison sentence of eighteen months, the defendant appealed.

HEDRICK, Judge.

The questions presented on this appeal are identical with those presented in the case of State v. Treadway, ante, 167. For the reasons stated therein, the defendant's plea of nolo contendere and the judgment entered thereon are vacated and the case is remanded to the superior court where the defendant will be entitled to replead to the bill of indictment.

Vacated and remanded.

Judges BROCK and MORRIS concur.

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STATE v. ATKINS
(Aug 1, 1971)