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STATE v. STALEY

No. 7723SC1056.

245 S.E.2d 110 (1978)

37 N.C. App. 18

STATE of North Carolina v. Benny STALEY.

Court of Appeals of North Carolina.

June 20, 1978.

Attorney(s) appearing for the Case

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

Franklin Smith, Elkin, and McElwee, Hall & McElwee by John E. Hall, North Wilkesboro, for defendant-appellant.

MITCHELL, Judge.

The defendant first assigns as error that portion of the trial court's charge to the jury defining and explaining the term "reasonable doubt." In defining and explaining the term "reasonable doubt," the trial court stated:

When I speak of a reasonable doubt, I mean a substantial doubt as opposed to some flimsy doubt, a doubt based on reason and common sense arising out of some or all of the evidence that has been presented or lack of evidence...

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