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STATE v. DUNCAN

No. 7210SC237.

187 S.E.2d 353 (1972)

14 N.C. App. 113

STATE of North Carolina v. Edward Junior DUNCAN et al.

Court of Appeals of North Carolina.

March 29, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. Parks H. Icenhour, for the State.

Robert Howard, Raleigh, for Edward Junior Duncan, defendant appellant.

McDaniel & Fogel, by L. Bruce McDaniel, Raleigh, for Clifton Edward Price, defendant appellant.

Bailey, Dixon, Wooten & McDonald, by John N. Fountain, Raleigh, for Dorsey Lee Duncan, defendant appellant.

MORRIS, Judge.

Defendants contend that their motion for nonsuit made at the close of the State's evidence and renewed at the close of all the evidence should have been allowed. We do not agree.

G.S. § 14-87 provides:

"Any person or persons who, having in possession or with the use or threatened use of any firearms or other dangerous weapon, implement or means, whereby the life of a person is endangered or threatened, unlawfully takes or attempts...

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