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STATE v. HARGETT

No. 7426SC753.

209 S.E.2d 541 (1974)

23 N.C. App. 709

STATE of North Carolina v. Lester Burns HARGETT.

Court of Appeals of North Carolina.

November 20, 1974.

Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr., by Asst. Atty. Gen. Roy A. Giles, Jr., Raleigh, for the State.

Alexander Copeland, III, Charlotte, for defendant appellant.

HEDRICK, Judge.

The defendant first contends that the trial court expressed an opinion in its charge to the jury. He asserts that "the Court's repeated reference to the alleged victim's having been shot in the back two times implied to the jury that the fact that the alleged victim had been assaulted by being shot twice in the back was not in controversy." The instructions embraced within the exceptions upon which this...

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