STATE v. GIBSON

No. 505.

95 S.E.2d 125 (1956)

245 N.C. 71

STATE v. N. W. GIBSON.

Supreme Court of North Carolina.

November 21, 1956.


Attorney(s) appearing for the Case

George B. Patton, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., for the State.

Bedford W. Black, Kannapolis, John Hugh Williams, Concord, for defendant.


PER CURIAM.

The State concedes that assignments of error Nos. 12 and 13 present prejudicial error.

Assignment of error No. 12 is based on an exception to the peremptory instruction given to the jury as follows: "Now, members of the jury, the court charges you that if you find from the evidence the facts to be as all the evidence tends to show, it would be your duty to return a verdict of guilty in this case."

In State v. Hayden, 224 N.C. 779, 32 S...

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