STATE v. MORRIS

No. 8227SC464.

300 S.E.2d 46 (1983)

STATE of North Carolina v. Raymond MORRIS.

Court of Appeals of North Carolina.

February 15, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Dennis P. Myers, Raleigh, for the State.

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


JOHNSON, Judge.

Defendant contends the trial court erred in (1) failing to conduct a jury instruction conference as required by Rule 21, (2) instructing the jury on defendant's failure to testify and (3) imposing an improper sentence.

The trial judge failed to conduct a jury instruction conference and the defendant failed to request one. Then the trial judge, without a request from defendant, gave the following disputed charge:

"Now ladies and gentlemen...

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