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STATE v. TOMBLIN

No. 13.

171 S.E.2d 901 (1970)

STATE of North Carolina v. Willie J. TOMBLIN, Larry Allen Gaither and Michael Eugene Kirksey.

Supreme Court of North Carolina.

January 30, 1970.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., Ralph Moody, Deputy Atty. Gen., D. M. Jacobs, Raleigh, Staff Atty., for the State.

John H. Rennick, Salisbury, and W. B. Nivens, Charlotte, for defendant appellants.

SHARP, Justice:

In brief summary, omitting its more sordid details, the evidence of the State tended to show: About 8:00 p. m. on 1 September 1968 the three defendants came upon Carolyn Euart (17) and her boy-friend, Tony Morgan (16) in the Salisbury City Park. They were parked in an automobile under a light in the picnic area. Defendants proclaimed that they were armed with guns and knives. By the use of force and threatening to shoot Tony, defendants took charge...

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