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STATE v. BROWN

No. 8129SC854.

287 S.E.2d 421 (1982)

STATE of North Carolina v. Junior Claude BROWN.

Court of Appeals of North Carolina.

March 2, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., Daniel F. McLawhorn, Raleigh, for the State.

Appellate Defender Project for North Carolina by Asst. Appellate Defender Malcolm R. Hunter, Jr., and Asst. Appellate Defender Lorinzo L. Joyner, Raleigh, for defendant-appellant.

VAUGHN, Judge.

Three of defendant's assignments of error relate to the indictment for larceny by an employee. Defendant first argues that the indictment is defective because it fails to allege a trust delivery. We overrule this assignment of error.

G.S. 14-74 states the following:

"If any servant or other employee, to whom any money, goods or other chattels... by his master shall be delivered safely to be kept to the use of his master, shall withdraw...

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