STATE v. GARNER

No. 733SC665.

201 S.E.2d 497 (1974)

20 N.C. App. 484

STATE of North Carolina v. Greg GARNER.

Court of Appeals of North Carolina.

January 9, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by James E. Magner, Jr., Asst. Atty. Gen., Raleigh, for the State.

A. B. Cooper, Jr., Atlantic Beach, and Wheatly & Mason by C. R. Wheatly Jr., Beaufort, for defendant appellant.


VAUGHN, Judge.

At trial defendant offered evidence that he was not present at the time and place the alleged crime was committed. The jury was not instructed that defendant, who relied on an alibi, did not have the burden of proving it. The trial occurred prior to the opinion of our Supreme Court in State v. Hunt, 283 N.C. 617, 197 S.E.2d 513 and, therefore, the omission of the instruction constituted...

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