STATE v. MALPASS

No. 173.

147 S.E.2d 180 (1966)

266 N.C. 753

STATE of North Carolina v. Robert Clarence MALPASS. STATE of North Carolina v. William Franklin TYLER.

Supreme Court of North Carolina.

March 23, 1966.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harrison Lewis, and Charles M. Hensey, Staff Atty., Raleigh, for the State.

George Rountree, III, Wilmington, for Robert Clarence Malpass, defendant appellant.

A. A. Canoutas, Wilmington, for William Franklin Tyler, defendant appellant.


PER CURIAM:

Defendants' only assignment of error is "that the Trial Court erred in failing to instruct the jury more fully as to the defendants' defense of alibi, and further, in failing to apply the law of alibi to the facts adduced in evidence of this case." This assignment of error fails to comply with the rules of this Court. "An assignment based on failure to charge should set out the defendant's contention as to what the court should have charged." State v....

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