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STATE v. BAUGUESS

No. 7123SC70.

179 S.E.2d 5 (1971)

10 N.C. App. 524

STATE of North Carolina v. Mark BAUGUESS (Case No. 143). STATE of North Carolina v. Kenneth BAUGUESS (Case No. 144). STATE of North Carolina v. Joe KILBY (Case No. 145).

Court of Appeals of North Carolina.

February 24, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. Charles M. Hensey, for the State.

Joe O. Brewer, Wilkesboro, and Eric Davis, North Wilkesboro, for defendants appellants.

CAMPBELL, Judge.

Defendants' first assignment of error is directed at the trial judge's charge to the jury relative to the law on circumstantial evidence. The court charged the jury:

"Now, members of the jury, there is [sic] no eye witnesses [sic] in this case that the defendant [sic] committed the crimes charged in these two bills of indictment. The State contends that the circumstances and evidence taken together establish the guilt...

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