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STATE v. ABSHER

No. 7525SC200.

215 S.E.2d 803 (1975)

26 N.C. App. 309

STATE of North Carolina v. Dewey ABSHER.

Court of Appeals of North Carolina.

June 18, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Noel Lee Allen, Raleigh, for the State.

Ted S. Douglas, Lenoir, for defendant-appellant.

BROCK, Chief Judge.

This prosecution arose out of the theft of one pair of Birolux binoculars, valued at $30.00, from a locked automobile belonging to one Alvin McMillian, Jr. The car was parked beside a road near Brown Mountain Gorge in Caldwell County. The windows were rolled down slightly, and the binoculars were under the front seat. McMillian had left the car to locate an appropriate place for a picnic when the theft occurred. On his way back from Brown Mountain...

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