STATE v. SHERIAN

No. 578.

65 S.E.2d 331 (1951)

234 N.C. 30

STATE v. SHERIAN et al.

Supreme Court of North Carolina.

June 7, 1951.


Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen., and Walter F. Brinkley, Member of Staff, Raleigh, for the State.

John Kerr, Jr., Warrenton, and Jones & Jones, Rockingham, for defendants.


DENNY, Justice.

The defendants based their defense solely upon their contention that whatever assistance they rendered to James Diggs, after he feloniously assaulted Rex Howell, was done under compulsion and through fear of death or great bodily harm at the hands of Diggs, and not with the intention or for the purpose of enabling him to escape arrest and punishment.

In the charge in chief, the court instructed the jury that "the crime charged against the defendants...

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