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STATE v. PHIPPS

No. 527PA93.

449 S.E.2d 450 (1994)

338 N.C. 305

STATE of North Carolina v. Stacy Richard PHIPPS.

Supreme Court of North Carolina.

November 3, 1994.

Attorney(s) appearing for the Case

Michael F. Easley, Atty. Gen. by Valerie L. Bateman, Asst. Atty. Gen., for State-appellant.

Philip E. Williams and John M. Cooper, Roseboro, for defendant-appellee.

WEBB, Justice.

This case brings to the Court a question as to the interpretation of N.C.G.S. § 14-148(a) which provides:

It is unlawful to willfully:

.... (2) Take away, disturb, vandalize, destroy or change the location of any stone, brick, iron or other material or fence enclosing a cemetery without authorization of law or consent of the surviving spouse or next of kin of the deceased thereby causing damage of less than one thousand...

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