STATE v. HART

No. 7612SC907.

234 S.E.2d 430 (1977)

33 N.C. App. 235

STATE of North Carolina v. Thomas Garland HART.

Court of Appeals of North Carolina.

Certiorari Denied July 14, 1977.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Special Deputy Atty. Gen. Robert P. Gruber, Raleigh, for the State.

DeMent, Redwine, Yeargan & Askew, by Russell W. DeMent, Jr., Raleigh, for defendant.


Certiorari Denied by Supreme Court July 14, 1977.

BROCK, Chief Judge.

During his instructions to the jury, the trial judge stated "and the State further contends that the heroin was found in his hand." Defendant argues that this was a misstatement of a contention upon a material point which included an assumption of evidence unsupported by the record and that it must be held prejudicial notwithstanding the absence of a timely objection.

The principle...

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