STATE v. ABERNATHY

No. 7725SC1068.

244 S.E.2d 696 (1978)

STATE of North Carolina v. David Eugene ABERNATHY.

Court of Appeals of North Carolina.

June 6, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Nonnie F. Midgette, Associate Atty. Gen., Raleigh, for the State.

Tuttle & Thomas by Carroll D. Tuttle, Granite Falls, for defendant-appellee.


BRITT, Judge.

The State contends first that the trial court erred in granting defendant a new trial for the reason that defendant failed to raise the question of erroneous jury instructions by perfecting the appeal from his trial. We find merit in this contention.

In not perfecting his appeal defendant failed to preserve his objection to the court's jury charge.

Formal objection to the charge is not required, an exception and assignment of error being...

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