PARKER, Chief Justice.
The State's evidence tends to show the following facts: On 4 January 1966 defendant Spence visited the office of Dr. Jerome Rex Eatman in the city of Raleigh. At that time he had in his possession a .38 caliber Smith and Wesson pistol with a stag horn type handle. The pistol contained six bullets, two of which had been fired. Dr. Eatman unloaded it, and placed it and the empty shells in his desk. This pistol was in his possession on the morning...
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