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STATE v. LAMPKINS

No. 94.

196 S.E.2d 697 (1973)

283 N.C. 520

STATE of North Carolina v. Robert Jerome LAMPKINS.

Supreme Court of North Carolina.

June 1, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Attys. Gen. H. A. Cole, Jr. and Walter E. Ricks, III, for the State.

Legal Aid Society of Forsyth County by David B. Hough, Winston-Salem, for defendant.

BRANCH, Justice.

Defendant contends that the trial judge erred by instructing the jury as to flight by defendant because there was no evidence in the record to support such instruction.

The challenged portion of the charge reads as follows:

"Now the State contends that the defendant in this case left Forsyth County and Winston-Salem sometime shortly after this alleged burglary took place, and he remained gone for some period of time thereafter.

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