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STATE v. MCCLAIN

No. 69.

193 S.E.2d 113 (1972)

282 N.C. 396

STATE of North Carolina v. Horace Ray McCLAIN.

Supreme Court of North Carolina.

December 13, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Thomas E. Kane, for the State.

Garland B. Daniel, Raleigh, for defendant.

LAKE, Justice.

The defendant makes four assignments of error. The first is that, with reference to the term "reasonable doubt," the court instructed the jury as follows:

"A reasonable doubt is not a vain, imaginary or fanciful doubt but is a sane, rational doubt. It means that the jury must be satisfied of the defendant's guilt to a moral certainty of the truth of the charge. "If after considering, comparing and weighing all of the evidence the...

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