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STATE v. KILLIAN

No. 7825SC132.

245 S.E.2d 812 (1978)

STATE of North Carolina v. Michael Lynn KILLIAN.

Court of Appeals of North Carolina.

July 18, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. W. A. Raney, Jr., Raleigh, for the State.

Tuttle & Thomas by Bryce O. Thomas, Jr., Granite Falls, for defendant appellant.

CLARK, Judge.

The defendant attacks the constitutionality of G.S. 14-54(a) and G.S. 14-72(b)(2) on the ground that these statutes "allow a misdemeanor conviction under each Statute separately to bootstrap the other misdemeanor into a felony, the result being that two misdemeanors committed in concert bootstrap each other into two felony charges."

G.S. 14-54(a) makes it a felony to break or enter "any building with intent to commit any felony or larceny therein...

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