State v. Puckett

CLARK, Judge.

We elect to consider first the defendant’s contention that the felony charge should have been dismissed because the acetylene torch and ladder were not “implements of housebreaking” possessed in violation of G.S. 14-55.

This statute, in pertinent part, provides: “If any person . . . shall be found having in his possession, without lawful excuse, any picklock, key, bit, or other implement of housebreaking . . . such person shall be guilty of a felony . . . .” G.S. 14-55 (1979) (prior to amendment concerning sentencing, 1979 N.C. Sess. Laws, c. 760, sec. 5).

Since neither an…