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STATE v. THOMAS

No. 7620SC252.

228 S.E.2d 468 (1976)

31 N.C. App. 52

STATE of North Carolina v. Eugene THOMAS.

Court of Appeals of North Carolina.

October 6, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Cynthia J. Zeliff, Raleigh, for the State.

H. P. Taylor, Jr., Wadesboro, for defendant-appellant.

PARKER, Judge.

In Case No. 75CR4924 defendant was tried and convicted for violation of our "safecracking" statute, G.S. 14-89.1. This statute, originally enacted by Ch. 653 of the 1961 Session Laws and subsequently amended by Ch. 235 of the 1973 Session Laws, is as follows:

"G.S. 14-89.1. Safecracking and safe robbery. — Any person who shall, by the use of explosives, drills, or tools, unlawfully force open or attempt to force open or `pick...

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