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STATE v. OAKES

No. 7821SC398.

247 S.E.2d 284 (1978)

38 N.C. App. 113

STATE of North Carolina v. William Leslie OAKES.

Court of Appeals of North Carolina.

September 19, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Thomas Michael Todd, Associate Atty. Gen., Dept. of Justice, Raleigh, for the State.

Morrow, Fraser & Reavis by John F. Morrow, Winston, Salem, for defendant.

PARKER, Judge.

The defendant's sole contention in this appeal is that the trial court expressed an opinion on the evidence in his instructions to the jury when he commented as follows on a statement the defendant had made to the police:

Also, Members of the Jury, there has been some evidence introduced in this trial which tends to show that the defendant made an incriminating statement concerning this case at an earlier time. If you find that the defendant...

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