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STATE v. LUSTER

No. 7421SC117.

202 S.E.2d 306 (1974)

20 N.C. App. 646

STATE of North Carolina v. Johnny Ray LUSTER.

Court of Appeals of North Carolina.

February 6, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. John R. Morgan, Raleigh, for the State.

B. B. Browder, Jr., Winston-Salem, for defendant appellant.

BALEY, Judge.

Defendant contends that the trial court erred in its charge to the jury on the issue of alibi. This contention is without merit.

In State v. Hunt, 283 N.C. 617, 619, 197 S.E.2d 513, 515, the North Carolina Supreme Court approved the following charge on alibi:

"An accused, who relies on an alibi, does not have the burden of proving it. It is incumbent upon the State to...

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