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STATE v. GREENE

No. 7625SC919.

234 S.E.2d 428 (1977)

33 N.C. App. 228

STATE of North Carolina v. Albert Reid GREENE.

Court of Appeals of North Carolina.

May 4, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Gen. John R. B. Matthis and Associate Atty. Acie L. Ward, Raleigh, for the State.

Bryce O. Thomas, Jr., Lenoir, for defendant-appellant.

CLARK, Judge.

The defendant contends that G.S. 14-72(b)(2) and G.S. 14-54(a) are unconstitutional in that the two statutes elevate the crimes from misdemeanors to felonies in violation of the due process and equal protection clauses of the Federal Constitution and the State Constitution. G.S. 14-72(b)(2) makes the crime of larceny a felony if committed pursuant to a breaking or entering. G.S. 14-54(a) makes breaking or entering a felony if done "with intent to commit...

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