STATE v. WOODY

No. 7129SC717.

184 S.E.2d 888 (1971)

STATE of North Carolina v. Franklin Dee WOODY and Clifford Leon Kelly.

Court of Appeals of North Carolina.

December 15, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Myron C. Banks and Associate Attorney George W. Boylan, for the State.

I. C. Crawford, Asheville, for defendant appellants.


VAUGHN, Judge.

As defendants correctly assert in their brief, the real issue at trial was that of identification of the defendants. On this question the State offered the testimony of two eyewitnesses whose testimony was unequivocal. James and Janice Burleson lived in an apartment over the premises which were broken into and from which the safe was stolen. They were awakened about 2 a. m. and went to their window. They saw three men walking away from the building...

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