STATE v. LEAK

No. 40PA82.

291 S.E.2d 789 (1982)

STATE of North Carolina v. Clayton LEAK.

Supreme Court of North Carolina.

June 2, 1982.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Steven F. Bryant, Asst. Atty. Gen., Raleigh, for State appellant.

Adam Stein, Appellate Defender by Nora B. Henry, Asst. Appellate Defender, Raleigh, for defendant-appellee.


PER CURIAM.

The Court of Appeals awarded a new trial for failure of the trial judge to instruct on the legal effect of an accidental shooting. In its petition for further review the state urged primarily that the trial judge's instructions sufficiently charged on accident. Alternatively, the state urged that there was no evidence to support a charge on accident.

In its brief and on oral argument in this Court, the state conceded that the trial court's instructions...

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