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STATE v. BREWER

No. 7426SC716.

209 S.E.2d 391 (1974)

23 N.C. App. 543

STATE of North Carolina v. Jasper BREWER.

Court of Appeals of North Carolina.

November 6, 1974.

Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr., by Asst. Atty. Gen. Charles A. Lloyd, Raleigh, for the State.

Blum & Sheely by Michael A. Sheely, Charlotte, for defendant-appellant.

BALEY, Judge.

Defendant assigns as error the form of the court's instruction to the jury concerning his failure to testify. While an instruction more nearly in the language of G.S. § 8-54 is preferable, State v. Powell, 11 N.C. App. 465, 181 S.E.2d 754, cert. denied, 279 N.C. 396, 183 S.E.2d 243, the court used language...

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