STATE v. HENSLEY

No. 8725SC1240.

371 S.E.2d 498 (1988)

91 N.C. App. 282

STATE of North Carolina v. James Howell HENSLEY.

Court of Appeals of North Carolina.

September 6, 1988.


Attorney(s) appearing for the Case

Atty. Gen. Thornburg by Asst. Atty. Gen., Wilson Hayman, Raleigh, for State.

Sam J. Ervin, IV, Byrd, Byrd, Ervin, Whisnant, McMahon & Ervin, Morganton, for defendant appellant.


PHILLIPS, Judge.

In a prolix 50 page brief defendant contends that the judge's charge to the jury was erroneous in three respects. Neither contention has merit and we overrule them.

Two of defendant's contentions, not based upon exceptions to the charge, are that because of conflicts in the evidence it was "plain error" under the rule laid down in State v. Odom, 307 N.C. 655, 300 S.E.2d 375 (1983) not to instruct...

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