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STATE v. HILL

No. 272-W.

158 S.E.2d 329 (1968)

272 N.C. 439

STATE of North Carolina v. Paul David HILL.

Supreme Court of North Carolina.

January 12, 1968.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Asst. Atty. Gen. B. A. Harrell, for the State.

Charles B. Merryman, Jr., Charlotte, for defendant appellant.

LAKE, Justice.

In Case No. 50-249B, the indictment charges that the defendant "unlawfully, wilfully and feloniously did, by the use of an acetylene torch force open a Herring Hall-Marvin safe, of Lee A. Folgers, Incorporated, a corporation, used for storing chattels, money and other valuables." (Emphasis added.) As to this safe, the evidence for the State was:

"Not anything was kept in that safe on June 13th and 14th of 1967. Not a thing. It had just...

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