STATE v. POOLE

No. 7520SC550.

220 S.E.2d 861 (1976)

28 N.C. App. 344

STATE of North Carolina v. George Ernest POOLE.

Court of Appeals of North Carolina.

January 7, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Senior Deputy Atty. Gen. R. Bruce White, Jr., and Asst. Atty. Gen. Zoro J. Guice, Jr., Raleigh, for the State.

Coble, Morton, Grigg & Odom by Ernest H. Morton, Jr., Albemarle, for defendant-appellant.


CLARK, Judge.

All of defendant's assignments of error relate to the trial court's charge to the jury.

Defendant contends that the court erred in (1) placing on defendant the burden of satisfying the jury that there was no malice in order to reduce the crime from second-degree murder, and (2) in the placing of the burden on the defendant to satisfy the jury that he acted in self-defense.

The defendant relies...

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