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STATE v. LEE

No. 27.

176 S.E.2d 772 (1970)

277 N.C. 242

STATE of North Carolina v. James Sumner LEE.

Supreme Court of North Carolina.

October 14, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Atty. Donald M. Jacobs, Raleigh, for the State.

Pearson, Malone, Johnson & Dejarmon, Durham, for defendant appellee.

MOORE, Justice.

The warrant charged that defendant "did possess a machine gun or submachine gun or other like weapon, to wit: a Universal Caliber 30 M1 Carbine, Serial No. 135258, capable of firing thirty-one (31) shots, by the successive pulling of the trigger * * * in violation of G.S. § 14-409." G.S. § 14-409 in pertinent part provides: "It shall be unlawful for any person * * * to possess machine guns, submachine guns, or other like weapons * * * Provided...

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