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STATE v. SMITH

No. 32PA84.

316 S.E.2d 73 (1984)

STATE of North Carolina v. Tony Levet SMITH.

Supreme Court of North Carolina.

June 5, 1984.

Attorney(s) appearing for the Case

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

Malcolm Ray Hunter, Jr., Asst. Appellate Defender, Raleigh, for defendant.

COPELAND, Justice.

We believe that Judge Lewis correctly instructed the jury under the facts and circumstances of this case. The sole contention on appeal was that the trial judge incorrectly charged the jury regarding the State's identification testimony and incorrectly refused to give instructions requested by the defendant.

Judge Lewis gave the following identification instructions:

In appraising the identification testimony of any witness, Members...

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