STATE v. McLEAN

No. 6812SC308.

163 S.E.2d 125 (1968)

2 N.C. App. 460

STATE of North Carolina v. Jasper McLEAN.

Court of Appeals of North Carolina.

September 25, 1968.


Attorney(s) appearing for the Case

Nance, Collier, Singleton, Kirkman & Herndon, by James R. Nance, Fayetteville, for defendant appellant.

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


CAMPBELL, Judge.

The defendant assigns as error the charge of the trial judge wherein he stated:

"Under the law and evidence in this case, you are to return one of two possible verdicts; that is to say, a verdict of guilty as charged of armed robbery, or a verdict of not guilty, depending upon how you shall have found the facts to be."

The defendant asserts that it was incumbent upon the trial judge, as provided by G.S. § 15-170, to instruct the...

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