STATE v. CHAPPELL

No. 749SC702.

208 S.E.2d 508 (1974)

23 N.C. App. 228

STATE of North Carolina v. Barry Lee CHAPPELL.

Court of Appeals of North Carolina.

October 2, 1974.


Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr. by Walter E. Ricks, III, Asst. Atty. Gen., and C. Diederich Heidgerd, Associate Attorney, Raleigh, for the State.

Burke & King by Ronnie P. King, Roxboro, for defendant appellant.


VAUGHN, Judge.

Defendant's court appointed counsel contends that it was error for the judge to fail to instruct the jury that they were to use their own memory in recalling the evidence and that they were not to take his recapitulation of the evidence as fact. Defendant did not request the Court to give that instruction and it is not required in the absence of a request. State v. Harris, 213 N.C. 648, 197 S.E. 142.

Defendant has brought forward other assignments...

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