STATE v. BAGLEY

No. 37.

268 S.E.2d 77 (1980)

300 N.C. 736

STATE of North Carolina v. Larry BAGLEY.

Supreme Court of North Carolina.

July 15, 1980.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Christopher P. Brewer, Asst. Atty. Gen. Joan H. Byers, Raleigh, for the State.

Lee A. Patterson, II, Durham, for defendant-appellant.


EXUM, Justice.

The sole question presented by this appeal is whether a tire tool may be deemed an "implement of housebreaking" within the meaning of G.S. 14-55. We hold that it may and affirm the decision of the Court of Appeals.

In the early morning hours of 18 August 1978, defendant and his brother were apprehended by law enforcement officers a short distance outside of the rear of the Triangle Pharmacy on Highway 54 in Durham County. The front door of the...

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