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PINYATELLO v. STATE

No. 7210SC514.

189 S.E.2d 574 (1972)

14 N.C. App. 706

Joseph Michael PINYATELLO v. STATE of North Carolina.

Court of Appeals of North Carolina.

June 28, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Deputy Atty. Gen. Andrew A. Vanore for the State.

Tharrington & Smith, by Roger W. Smith, Raleigh, for petitioner.

MALLARD, Chief Judge.

Petitioner was charged in a bill of indictment, proper in form, returned at a January 1967 Session of Superior Court held in Wake County, with the violation of the safecracking and safe robbery statute on 21 November 1966. This statute reads as follows:

"Any person who shall by the use of explosives, drills, or other tools unlawfully force open or attempt to force open or `pick' the combination of a safe or vault used for storing money...

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