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STATE v. OAKES

No. 580.

106 S.E.2d 206 (1958)

249 N.C. 282

STATE v. Roy Franklin OAKES.

Supreme Court of North Carolina.

December 10, 1958.

Attorney(s) appearing for the Case

Adam Younce, Greensboro, for defendant-appellant.

Malcolm B. Seawell, Atty. Gen., Harry W. McGalliard, Asst. Atty. Gen., for the State.

WINBORNE, Chief Justice.

For error in the course of the trial of this case in Superior Court, as revealed on the face of the case on appeal, this Court is impelled, ex mero motu, to order a new trial. State v. McCoy, 236 N.C. 121, 71 S.E.2d 921, and numerous other cases of like import.

The error arises in this manner. The trial judge correctly charged that where a verdict of guilty of murder...

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