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STATE v. HALL

No. 714SC237.

181 S.E.2d 240 (1971)

11 N.C. App. 410

STATE of North Carolina v. James Lee HALL

Court of Appeals of North Carolina.

May 26, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Staff Atty. Charles A. Lloyd, Raleigh, for the State.

Reginald Frazier & Chambers, Stein, Ferguson & Lanning by James E. Ferguson, II, and Adam Stein, Charlotte, for defendant appellant.

VAUGHN, Judge.

The following instructions were included in the charge to the jury:

"* * * This is not a question of sympathy or prejudice. It is merely a question of facts and the only question you are to consider is: Was the defendant at the time and place in question under the influence of intoxicating beverages." [Emphasis ours.]

Later in the charge the judge instructed the jury as follows:

"Now, Ladies and Gentlemen of the Jury...

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