STATE v. MELTON

No. 7127SC278.

180 S.E.2d 476 (1971)

11 N.C. App. 180

STATE of North Carolina v. Eddie Lee MELTON.

Court of Appeals of North Carolina.

April 28, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Staff Atty. Ronald M. Price, Raleigh, for the State.

Max L. Childers, Childers & Fowler, Mount Holly, for defendant appellant.


MORRIS, Judge.

Among errors assigned by defendant are portions of the court's charge to the jury. The State's entire case was based upon fingerprint evidence. Five witnesses testified for the State. Four of them gave testimony with respect to a fingerprint taken from the windowsill inside the living room of the house entered. The other witness was the owner of the premises entered and the property taken therefrom. In its charge, the court instructed the jury:

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