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STATE v. BRINKLEY

No. 705SC589.

177 S.E.2d 727 (1970)

10 N.C. App. 160

STATE of North Carolina v. William A. BRINKLEY and Christopher Spicer.

Court of Appeals of North Carolina.

December 16, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Trial Atty. James E. Magner, Raleigh, and Asst. Atty. Gen. William T. Briley for the State.

Carlton S. Prickett, Jr., Wilmington, for defendant appellant William A. Brinkley.

George Sperry, Wilmington, for defendant appellant Christopher Spicer.

GRAHAM, Judge.

Defendants assign as error the following portion of the court's charge to the jury:

"They [defendants] do not deny that somebody did this, but they say they are not the men, and some other men did it, not themselves."

Defendants did not take the stand or offer evidence. While it may be inferred from the defendants' cross-examination of the State's witnesses that they relied for their defense, at least in part, upon a contention that...

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