STATE v. SMITH

No. 7314SC547.

199 S.E.2d 503 (1973)

19 N.C. App. 578

STATE of North Carolina v. Jessie Daniel SMITH.

Court of Appeals of North Carolina.

October 10, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Gen. Howard A. Kramer, Raleigh, for the State.

Paul, Keenan & Rowan by James V. Rowan, Durham, for defendant appellant.


PARKER, Judge.

The trial judge in charging the jury correctly called attention to the defendant's evidence that on the date the State's witness testified the offense was committed, the defendant had been engaged in the duties of his employment at places some distance away from the place where the State's evidence indicated the unlawful sale of heroin had been made. However, no specific instruction was given the jury as to the legal principles applicable in their consideration...

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