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STATE v. DAVIS

No. 801SC133.

269 S.E.2d 242 (1980)

48 N.C. App. 386

STATE of North Carolina v. Thomas Eugene DAVIS.

Court of Appeals of North Carolina.

August 19, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Jo Anne Sanford, Raleigh, for the State.

Hopkins & Allen by Grover Prevatte Hopkins, Tarboro, for defendant-appellant.

MORRIS, Chief Judge.

The evidence, briefly summarized, tended to show that defendant was in the company of co-defendants Green and Duff and was first observed by Officer McLawhorn sitting in a car parked near a laundromat. The officer observed defendant leave the car and return to the car "in a staggering motion." The officer moved to a better vantage point behind some hedges and watched Green and Duff take tires from the back of the laundromat and put them in the...

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