STATE v. HARVELL

No. 584.

123 S.E.2d 103 (1961)

256 N.C. 104

STATE v. Willard Eugene HARVELL and John Franklin Coble.

Supreme Court of North Carolina.

December 13, 1961.


Attorney(s) appearing for the Case

E. L. Alston, Jr., Greensboro, for defendants-appellants.

T. W. Bruton, Atty. Gen., G. Andrew Jones, Jr., Asst. Atty. Gen., for the State.


WINBORNE, Chief Justice.

The defendant appellants challenge, and the Court holds properly so, as prejudicial to them that portion of the charge to which Exception No. 11 is directed and on which Assignment 10 is based. There the court charged as follows:

"(M) `that as to Riggie William Gibson, if you are satisfied from the evidence and beyond a reasonable doubt, the burden being on the State to so satisfy you that he, Riggie William Gibson, on the first day...

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