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STATE v. SMITH

No. 148.

107 S.E.2d 311 (1959)

249 N.C. 653

STATE v. Walter R. SMITH. STATE v. William AUGBURN.

Supreme Court of North Carolina.

March 4, 1959.

Attorney(s) appearing for the Case

Atty. Gen. Malcolm B. Seawell and Asst. Atty. Gen. Harry W. McGalliard for the State.

Fountain, Fountain, Bridgers & Horton, Tarboro, for defendants, appellants.

BOBBITT, Justice.

The prosecuting witness, C. C. Tynes, testified that two masked men, whom he did not know and had not previously seen, obtained entrance by fraud and forced their way into his home and repeatedly assaulted him (one holding a shotgun on him) until they got his money and two watches. This occurred, after dark, on the night of Monday, August 25, 1958.

Tynes lived in Halifax County, 2½ miles from Hobgood and 10 or 10½ miles from Scotland...

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