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STATE v. MUSCAT

No. 580.

100 S.E.2d 510 (1957)

247 N.C. 266

STATE v. Charles M. MUSCAT.

Supreme Court of North Carolina.

November 27, 1957.

Attorney(s) appearing for the Case

Butler & High, Fayetteville, Ervin I. Baer, for defendant-appellant.

Atty. Gen. George B. Patton, Asst. Atty. Gen. Harry W. McGalliard, for the State.

PER CURIAM.

Certain portion of the charge of the trial judge to the jury in respect to defendant's plea of self-defense, to which defendant excepts, while proper in trial of a homicide case, the Attorney General confesses is improper in instant case, and is prejudicial to defendant, under authority of State v. Warren, 242 N.C. 581, 89 S.E.2d 109; State...

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