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STATE v. LOWRY

Nos. 437 and 438.

139 S.E.2d 870 (1965)

263 N.C. 536

STATE v. John C. LOWRY. STATE v. May MALLORY, Richard Crowder, Harold Reep and John Cyril Lowry, Defendants.

Supreme Court of North Carolina.

January 29, 1965.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Deputy Atty. Gen. Ralph Moody for the State.

Kunstler, Kunstler & Kinoy, New York City, Walter B. Nivens, Charlotte, and Richard J. Scupi, Washington, D. C., for defendant John C. Lowry.

Samuel S. Mitchell, Raleigh, and Walter S. Haffner, Good & Haffner, Cleveland, Ohio, for other defendants.

MOORE, Justice.

Defendant Lowry filed a different statement of the case on appeal from that filed by the other defendants, and a separate brief. To avoid needless repetition we discuss the appeals in one opinion. There are many assignments of error; we find it necessary to discuss only three.

I.

The defendants assert and contend that G.S. § 14-39 will not support an indictment and conviction, for that its terms are vague, uncertain, ambiguous...

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