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STATE v. MANNING

No. 686SC404.

165 S.E.2d 13 (1969)

3 N.C. App. 451

STATE of North Carolina v. A. M. MANNING and A. R. Manning.

Court of Appeals of North Carolina.

January 15, 1969.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., by (Mrs.) Christine Y. Denson, Raleigh, Staff Attorney, for the State.

Moore & Cook, by Stanley G. Cook, Rocky Mount, for defendants.

BROCK, Judge.

This case has been considerably bothersome and confused. The State's evidence, and the conduct of the trial, concentrated upon the theory of establishing that Bellamy's Lake is a "private pond" both by virtue of descriptive testimony and by legislative declaration in Chapter 1159, Session Laws 1961 (Senate Bill 491). Defendants' descriptive testimony tends to show that it does not come within the definition of a "private pond" (G.S. § 113-129);...

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