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STATE v. CHISHOLM

No. 7026SC145.

173 S.E.2d 635 (1970)

8 N.C. App. 80

STATE of North Carolina v. James R. CHISHOLM.

Court of Appeals of North Carolina.

May 6, 1970.

Attorney(s) appearing for the Case

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

Peter H. Gerns, Charlotte, for defendant appellant.

MORRIS, Judge.

Defendant excepts to and assigns as error certain portions of the charge of the court with respect to the doctrine of recent possession.

The instruction complained of cannot be distinguished from the one disapproved in State v. Hayes, 273 N.C. 712, 161 S.E.2d 185 (1968). There the Court held the instruction to be not only confusing but susceptible of the interpretation by the...

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