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STATE v. HUDGINS

No. COA03-1485.

606 S.E.2d 443 (2005)

STATE of North Carolina v. Milas Kennedy HUDGINS, Defendant.

Court of Appeals of North Carolina.

January 4, 2005.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General Hal F. Askins and Assistant Attorney General Patricia A. Duffy, for the State.

L. Jayne Stowers, Winston-Salem, for defendant-appellant.

GEER, Judge.

Defendant Milas Kennedy Hudgins appeals from his conviction of habitual driving while impaired and driving while license revoked. Because the evidence at trial supported an instruction on the defense of necessity, we hold that the trial court erred in failing to give such an instruction. We accordingly reverse defendant's convictions and remand for a new trial.<...

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