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STATE v. HUNTER

No. 7524SC642.

238 S.E.2d 304 (1977)

34 N.C. App. 318

STATE of North Carolina v. Jerry Dale HUNTER.

Court of Appeals of North Carolina.

October 19, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. James Wallace, Jr., Raleigh, for the State.

Swain & Leake by A. E. Leake, Asheville, and Chambers, Stein, Ferguson & Becton by Louis L. Lesesne, Jr., Charlotte, for defendant.

MARTIN, Judge.

In our decision filed 4 February 1976, we recognized that the instructions given by the trial court, in placing the burden of proof on the defendant to rebut the presumption of malice and unlawfulness, violate the concept of due process announced for the first time in Mullaney and followed by the North Carolina Supreme Court in State v. Hankerson, 288 N.C. 632, 220 S.E.2d 575...

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