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STATE v. NEWSOME

No. 7010SC47.

172 S.E.2d 909 (1970)

7 N.C. App. 525

STATE of North Carolina v. Bryon Brantley NEWSOME.

Court of Appeals of North Carolina.

April 1, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. William W. Melvin, and Staff Attorney T. Buie Costen, Raleigh, for the State.

Tharrington & Smith, by Roger W. Smith, and Carl C. Churchill, Jr., Nassif & Churchill, Raleigh, for defendant appellant.

MALLARD, Chief Judge.

Defendant contends that the trial judge committed error in stating the contentions of the defendant. The defendant contends that the court expressed an opinion and assumed the truth of facts at issue when giving the following instructions relating to defendant's contentions:

"He relies upon the testimony of Mrs. Lorbacher and Mr. Collins and himself to show that he was not under the influence of intoxicants, contending that although...

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