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STATE v. HOYLE

No. 6825SC330.

164 S.E.2d 83 (1968)

3 N.C. App. 109

STATE of North Carolina v. Donald Wesley HOYLE.

Court of Appeals of North Carolina.

November 20, 1968.

Attorney(s) appearing for the Case

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

Byrd, Byrd & Ervin by John W. Ervin, Jr., Morganton, for defendant appellant.

MALLARD, Chief Judge.

The defendant asserts that the following four questions are raised on this appeal:

"1. Did the questioning of witnesses by the Court constitute an expression of opinion as to the weight and sufficiency of evidence? 2. Did the Court's recapitulation of the defendant's evidence constitute an expression of opinion by the Court? 3. Did the Court err in its charge to the jury on the elements of the plea of self-defense...

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