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STATE v. KING

No. 7110SC651.

183 S.E.2d 857 (1971)

12 N.C. App. 568

STATE of North Carolina v. Gene Elwood KING.

Court of Appeals of North Carolina.

Certiorari Denied December 14, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by William W. Melvin and William B. Ray, Asst. Attys. Gen., for the State.

William T. McCuiston, Raleigh, for defendant appellant.

BRITT, Judge.

Defendant's first assignment of error relates to that portion of the jury charge in which the court summarized the State's evidence. Introductory to the summarization, the court said: "There is evidence in this case which tends to show", etc. The court then very briefly reviewed the highway patrolman's testimony with respect to defendant's speeding 100 m. p. h. and being under the influence of intoxicants following which the court said: "Now what the...

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