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STATE v. SIMMONS

No. 7713SC926.

244 S.E.2d 168 (1978)

36 N.C. App. 354

STATE of North Carolina v. Charles SIMMONS.

Court of Appeals of North Carolina.

May 16, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Archie W. Anders, Raleigh, for the State.

Ray H. Walton, Southport, for defendant-appellant.

MORRIS, Judge.

The statute under which defendant was charged is G.S. 14-360 which provides, in pertinent part:

"If any person shall willfully . . . kill . . ., any useful beast, fowl or animal, every such offender shall for every such offense be guilty of a misdemeanor punishable by a fine not to exceed five hundred dollars ($500.00), imprisonment for not more than six months, or both. . . ."

The killing of a dog, the property of another, without...

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