STATE v. WALSTON

No. 506.

130 S.E.2d 636 (1963)

259 N.C. 385

STATE v. Jerry WALSTON.

Supreme Court of North Carolina.

May 1, 1963.


Attorney(s) appearing for the Case

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

H. M. Jackson and J. W. Hoyle, Sanford, for defendant appellant.


PER CURIAM.

The evidence for the State was amply sufficient to carry the case to the jury. Defendant concedes this in his brief.

Defendant in his behalf offered evidence tending to establish an alibi. Defendant assigns as error this part of the charge: "The burden of proving an alibi, however, does rest upon the defendant, the burden of proof being brought up to show his inability to have committed the crime with which he is charged; his part in the crime...

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