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STATE v. CLOER

No. 169.

146 S.E.2d 815 (1966)

266 N.C. 672

STATE v. Melvin CLOER.

Supreme Court of North Carolina.

March 9, 1966.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., and James F. Bullock, Millard R. Rich, Jr., Asst. Attys. Gen., for the State.

Frank P. Cooke and Tom D. Efird, Gastonia, for defendant appellant.

PER CURIAM.

The defendant was not charged with murder, but an assault. It was error to place on him the burden of proving that he acted in self-defense. State v. Sandlin, 251 N.C. 81, 110 S.E.2d 481 and cases there cited.

The defendant is entitled to a

New trial.

MOORE, J...

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