STATE v. OOTEN

No. 748SC1095.

214 S.E.2d 297 (1975)

25 N.C. App. 697

STATE of North Carolina v. Robert OOTEN, Jr.

Court of Appeals of North Carolina.

May 7, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Charles J. Murray, Raleigh, for the State.

Whitley & Vickory by C. Branson Vickory, Mount Olive, for defendant-appellant.


HEDRICK, Judge.

The only argument advanced by the defendant on this appeal is that "the verdict is clearly ambiguous and in view of the Law of North Carolina clearly holding that an ambiguous verdict, the ambiguity being unexplainable, must be interpreted in favor of the defendant . . .."

Defendant insists that the phrase "not guilty on the other counts" makes the verdict ambiguous because he could have been found guilty of only two counts under the...

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