STATE v. ATKINS

No. 8127SC1113.

289 S.E.2d 602 (1982)

STATE of North Carolina v. Douglas ATKINS.

Court of Appeals of North Carolina.

April 6, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Asst. Atty. Gen. James C. Gulick, Raleigh, for the State.

Robert W. Clark, Asst. Public Defender, Gastonia, for defendant-appellant.


WHICHARD, Judge.

The dispositive issue is whether the court erred in denying defendant's motion to dismiss. We hold that it did.

Defendant was charged with feloniously breaking and entering a building occupied by The Pawn Shop of Gastonia, Inc., and with felonious larceny of personal property therefrom. The State's evidence showed the following:

An employee who closed The Pawn Shop on 10 March 1981 observed that the air conditioner in the rear wall...

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