STATE v. HUFFMAN

Nos. 7026SC226, 7026SC237.

173 S.E.2d 636 (1970)

8 N.C. App. 85

STATE of North Carolina v. James HUFFMAN and Rodger Spargo.

Court of Appeals of North Carolina.

May 6, 1970.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Atty. Christine Y. Denson, Raleigh, for the State.

William D. McNaull, Jr., Charlotte, for defendant appellant Huffman.

Wallace C. Tyser, Jr., Charlotte, for defendant appellant Spargo.


BRITT, Judge.

Defendants assign as error the following portions of the trial judge's instructions to the jury:

"Now, members of the jury, if you find from the evidence in this case and beyond a reasonable doubt that the defendants broke or entered the establishment known as Hazel's Place with the felonious intent to commit the crime of larceny therein, then it would be your duty to return a verdict of guilty as charged in the bill of indictment.

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