STATE v. FENNELL

No. 384A82.

297 S.E.2d 393 (1982)

STATE of North Carolina v. Harley Lewis FENNELL.

Supreme Court of North Carolina.

December 7, 1982.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Thomas H. Davis, Jr., Asst. Atty. Gen., Raleigh, for the State.

James H. Gold, Asst. Appellate Defender, Office of the Appellate Defender, Raleigh, for defendant-appellant.


MEYER, Justice.

It is defendant's contention that he is entitled to a new trial for the trial judge's failure to specify in his charge to the jury which of the several acts of fellatio the jury was to consider in determining his guilt. Defendant did not object to the instructions as given. Rule 10(b)(2) of the North Carolina Rules of Appellate Procedure, in effect at the time of defendant's trial, provides:

Jury Instructions; Findings and Conclusions of...

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