STATE v. GUSS

No. 289.

118 S.E.2d 906 (1961)

254 N.C. 349

STATE v. Lawrence GUSS.

Supreme Court of North Carolina.

March 29, 1961.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Harry W. McGalliard, Asst. Atty. Gen., for the State.

Earl Whitted, Jr., Goldsboro, for the defendant.


PER CURIAM.

Defendant testified in his own behalf and produced witnesses who gave testimony of his good character. The court instructed the jury as to this evidence of good character: "* * * it is to be received and considered by you for a twofold purpose, first as going to the credibility of the defendant, Lawrence Guss, and, secondly, as substantive evidence bearing directly upon his evidence." (Emphasis added.) The instruction is erroneous. If a defendant...

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