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STATE v. PITTS

No. 7121SC76.

178 S.E.2d 632 (1971)

10 N.C. App. 355

STATE of North Carolina v. Marquis DeLafayette PITTS.

Court of Appeals of North Carolina.

Certiorari Denied April 6, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert B. Morgan, Trial Atty., H. A. Cole, Jr., and Staff Atty. Walter E. Ricks, III, Raleigh, for the State.

Curtiss Todd, Winston-Salem, for defendant appellant.

Certiorari Denied by Supreme Court April 6, 1971.

MALLARD, Chief Judge.

The evidence for the State tended to show that the driveway to the loading area of the store and warehouse of the Keith-Lowery Furniture Company, a corporation, at Eighth and Liberty Streets in Winston-Salem was fenced in on 9 June 1970. There was a gate at the entrance of this driveway.

A police officer testified that in response to a call, he went to the area about 4:00 a.m....

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