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STATE v. COLLINS

No. 694SC430.

171 S.E.2d 90 (1969)

7 N.C. App. 67

STATE of North Carolina v. Elbert Lee COLLINS.

Court of Appeals of North Carolina.

December 17, 1969.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., by Jean A. Benoy, Deputy Atty. Gen., and Thomas J. Bolch, Special Asst. Atty. Gen., for the State.

David J. Turlington, Jr., Clinton, for defendant.

BROCK, Judge.

Defendant assigns as error the following portion of the judge's charge to the jury:

"If you find that he had in his possession at any time any amount of non-taxpaid whiskey either in his house or nearby in the country, you will find him guilty in each count."

This part of the charge is material error and prejudicial to the defendant because it instructed the jury that if the defendant had non-taxpaid whiskey in his possession at any...

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