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STATE v. GARRETT

No. 657.

140 S.E.2d 315 (1965)

263 N.C. 773

STATE v. Vernon GARRETT.

Supreme Court of North Carolina.

February 24, 1965.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Harry W. McGalliard, Deputy Atty. Gen., for the State.

James G. Exum, Jr., Greensboro, for defendant appellant.

HIGGINS, Justice.

This Court is of the opinion the charge and the evidence were insufficient to support the conviction for having in possession, without lawful excuse, an implement of house breaking as contemplated in G.S. § 14-55. The statute makes it unlawful (1) to be found armed with a dangerous or offensive weapon with intent to break and enter a dwelling house and to commit a felony or other infamous crime therein...

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