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STATE v. PUCKETT

No. 7921SC381.

259 S.E.2d 310 (1979)

43 N.C. App. 596

STATE of North Carolina v. Steven Anthony PUCKETT.

Court of Appeals of North Carolina.

November 6, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. David Gordon, Raleigh, for the State.

Stephens, Peed & Brown by Herman L. Stephens, Winston-Salem, for defendant-appellant.

CLARK, Judge.

We elect to consider first the defendant's contention that the felony charge should have been dismissed because the acetylene torch and ladder were not "implements of housebreaking" possessed in violation of G.S. 14-55.

This statute, in pertinent part, provides: "If any person . . . shall be found having in his possession, without lawful excuse, any picklock, key, bit, or other implement of housebreaking . . . such person shall be guilty of a...

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