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STATE v. JOHNSON

No. 399PA83.

313 S.E.2d 560 (1984)

310 N.C. 574

STATE of North Carolina v. Lorenzo JOHNSON.

Supreme Court of North Carolina.

April 3, 1984.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by John R. Corne, Asst. Atty. Gen., Raleigh, for the State appellant.

Ellis, Hooper, Warlick, Waters and Morgan by Charles H. Henry, Jacksonville, for defendant-appellee.

EXUM, Justice.

The questions presented are whether the evidence was sufficient to convict and whether the Court of Appeals erred in concluding that it was error warranting a new trial for the trial court to refuse defendant's request to instruct the jury that defendant's "mere presence" at the scene of the crime, standing alone, was an insufficient basis for conviction. We conclude the evidence was sufficient for conviction...

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