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STATE v. WILLIAMS

No. 45.

220 S.E.2d 558 (1975)

288 N.C. 680

STATE of North Carolina v. George Edward WILLIAMS.

Supreme Court of North Carolina.

December 17, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. William B. Ray and Associate Atty. Isaac T. Avery, III, Raleigh, for the State.

Wallace C. Harrelson, public defender, Greensboro, for defendant-appellant.

BRANCH, Justice.

Defendant's first assignment of error presents the following question:

WERE THE RIGHTS OF THE DEFENDANT TO BE PRESUMED INNOCENT UNTIL PROVEN GUILTY AND TO PLACE THE BURDEN UPON THE STATE TO PROVE EACH AND EVERY ELEMENT OF THE CRIME CHARGED BEYOND A REASONABLE DOUBT VIOLATED BY INSTRUCTING THE JURY THAT A KILLING IS PRESUMED UNLAWFUL AND DONE WITH MALICE WHEN A DEADLY WEAPON IS INTENTIONALLY USED?

Portions of the charge pertinent...

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