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STATE v. EAKINS

No. 45.

233 S.E.2d 387 (1977)

292 N.C. 445

STATE of North Carolina v. Gary EAKINS.

Supreme Court of North Carolina.

April 14, 1977.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Elizabeth C. Bunting, Raleigh, for the State.

Dale P. Johnson, Clinton and Charles L. Becton, Chapel Hill, for defendant.

BRANCH, Justice.

By his first assignment of error defendant contends that the trial judge erred in charging that the jury should carefully consider and scrutinize the testimony of defendant and those closely related to him. The portion of the charge questioned by this assignment of error is as follows:

When you come to consider the evidence and the weight you will give to the testimony of the different witnesses, the Court instructs you that it is your duty...

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