STATE v. LANG

No. 205A83.

308 S.E.2d 317 (1983)

STATE of North Carolina v. Stanley Marvin LANG.

Supreme Court of North Carolina.

November 3, 1983.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by M.R. Rich, Jr., Deputy Atty. Gen., and William B. Ray, Asst. Atty. Gen., Raleigh, for the State.

C. Everett Thompson and John G. Trimpi, Elizabeth City, for defendant-appellant.


MITCHELL, Justice.

In this appeal the defendant's dispositive assignments of error relate to the admission into evidence of his confession and to instructions by the trial court to the jury concerning the conditions under which the jury could infer malice. We find merit in these assignments and hold that the defendant must be allowed a new trial. Other errors assigned by the defendant are not likely to arise at a new trial and are neither reached nor discussed herein...

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