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STATE v. STONE

No. 509.

95 S.E.2d 77 (1956)

245 N.C. 42

STATE v. Paul STONE.

Supreme Court of North Carolina.

November 21, 1956.

Attorney(s) appearing for the Case

George B. Patton, Atty. Gen., and Claude L. Love, Asst. Atty. Gen., for the State.

Pittman & Staton and Lowry M. Betts, Sanford, for defendant, appellant.

BOBBITT, Justice.

The court instructed the jury that if they found from the evidence beyond a reasonable doubt that the defendant was guilty of operating a motor vehicle upon said public street on 13 July, 1956, while under the influence of intoxicating liquor, and further that this was defendant's third offense, their verdict would be "Guilty as charged"; but if they failed to so find from the evidence beyond a reasonable doubt their verdict would be "Not...

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