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STATE v. HARPER

No. 935SC21.

436 S.E.2d 412 (1993)

112 N.C. App. 636

STATE of North Carolina v. David Steven HARPER.

Court of Appeals of North Carolina.

November 16, 1993.

Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Asst. Atty. General D. David Steinbock, Raleigh, for the State.

Nora Henry Hargrove, Wilmington, for defendant-appellant.

ARNOLD, Chief Judge.

Defendant's first assignment of error is that the trial court erred in its instructions on reasonable doubt. The trial court's instructions on reasonable doubt were as follows:

A reasonable doubt is not a vain, imaginary or fanciful doubt. It is a sane, rational doubt arising out of the evidence or the lack of evidence or from the deficiency of the evidence, as the case may be. When...

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