STATE v. OWENS

No. 8226SC861.

300 S.E.2d 581 (1983)

STATE of North Carolina v. Eric Williams OWENS.

Court of Appeals of North Carolina.

March 15, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Myron C. Banks, Raleigh, for the State.

Adam Stein, Appellate Defender by Marc D. Towler, Asst. Appellate Defender, Raleigh, for defendant-appellant.


WHICHARD, Judge.

G.S. 15A-1232 provides, in pertinent part: "In instructing the jury, the judge must declare and explain the law arising on the evidence. He is not required to state the evidence except to the extent necessary to explain the application of the law [thereto]." Defendant argues that the court here failed to give any summary of the evidence and that "no summary of the evidence at all is insufficient to explain the application of the law [thereto]."

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