STATE v. MASH

No. 728A86.

372 S.E.2d 532 (1988)

323 N.C. 339

STATE of North Carolina v. David James MASH.

Supreme Court of North Carolina.

October 6, 1988.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Joan H. Byers, Sp. Deputy Atty. Gen., and John H. Watters, Asst. Atty. Gen., Raleigh, for State.

Malcolm Ray Hunter, Jr., Appellate Defender by Louis D. Bilionis, Asst. Appellate Defender, Raleigh, for defendant appellant.

Smith, Patterson, Follin, Curtis, James & Harkavy by Norman B. Smith, Greensboro, William Simpson, Raleigh, for North Carolina Civil Liberties Union Legal Foundation, Inc., amicus curiae.


EXUM, Chief Justice.

The sole issue dispositive of this appeal is whether the trial court erroneously instructed the jury on the issue of defendant's voluntary intoxication to defendant's prejudice. We conclude it did and order a new trial.

I.

The defendant and the state agree that in a period of minutes around 11 p.m. on 5 June 1986, the defendant beat Randall Cupp to death with a car jack. State's evidence in the guilt phase of the trial tended...

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