STATE v. WILLIS

No. 7426SC495.

206 S.E.2d 729 (1974)

22 N.C. App. 465

STATE of North Carolina v. Henry WILLIS, Jr., and Tyrone Williams.

Court of Appeals of North Carolina.

July 17, 1974.


Attorney(s) appearing for the Case

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

Arthur Goodman, Jr., and Howard J. Greenwald, Charlotte, for defendant Willis.

J. Reid Potter, Charlotte, for defendant Williams.


MORRIS, Judge.

Both defendants assign error to the above quoted portion of the court's instruction to the jury. It is elementary that the law is that the jury is not to infer guilt from the fact that the defendant neither testifies nor presents evidence. G.S. § 8-54. Whether by error of the reporter or inadvertence of the court, the record before us clearly shows an erroneous instruction that,

"The fact that neither Willis nor Williams offered...

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