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STATE v. SHERRILL

No. 7519SC634.

220 S.E.2d 822 (1976)

28 N.C. App. 311

STATE of North Carolina v. Samuel SHERRILL.

Court of Appeals of North Carolina.

January 7, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Special Deputy Atty. Edwin M. Speas, Jr., and Asst. Atty. Richard F. Kane, Raleigh, for the State.

Davis, Ford & Weinhold by Robert M. Davis, Salisbury, for defendant appellant.

HEDRICK, Judge.

The principal assignments of error brought forward and argued by the defendant relate to the charge. We are unable to distinguish the instructions challenged by these assignments of error from the instructions declared by our Supreme Court in State v. Ramey, 273 N.C. 325, 160 S.E.2d 56 (1968), to be erroneous and prejudicial. In Ramey, the defendant was charged with second...

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