STATE v. POINDEXTER

No. 7413SC304.

205 S.E.2d 145 (1974)

21 N.C. App. 720

STATE of North Carolina v. Woody POINDEXTER.

Court of Appeals of North Carolina.

June 5, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. James B. Richmond, Raleigh, for the State.

Prevatte & Prevatte, by James R. Prevatte, Jr., and Richard S. Owens, III, Southport, for defendant appellant.


BALEY, Judge.

Defendant contends that the court erred in its instructions to the jury with respect to the date of the commission of the offense and deprived him of the effect of his alibi evidence. This contention is well founded and entitles him to a new trial.

In this case the indictment charged defendant with selling marijuana to John Cooper on 17 January 1973. The evidence of the State tended to show that the sale occurred on Sunday afternoon (apparently...

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