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STATE v. SMITH

No. 8226SC1161.

309 S.E.2d 695 (1983)

STATE of North Carolina v. Tony Levet SMITH.

Court of Appeals of North Carolina.

December 20, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. George W. Lennon, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender James H. Gold, Raleigh, for defendant-appellant.

PHILLIPS, Judge.

The defendant rests his hopes for a new trial upon the solitary contention that the trial judge's refusal to specially instruct the jury on the identity issue, as requested, was prejudicial error. His position is well taken.

In State v. Kinard, it was said:

Whether the identification issue is such a substantial feature of the case that the trial court is required to give instructions specifically dealing with the relevant factors...

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