STATE v. BALLARD

No. COA08-196.

668 S.E.2d 78 (2008)

STATE of North Carolina, Plaintiff, v. Timothy Franklin BALLARD, III, Defendant.

Court of Appeals of North Carolina.

November 4, 2008.


Attorney(s) appearing for the Case

Attorney General Roy A. Cooper, III by Special Deputy Attorney General R. Marcus Lodge, for the State.

Reita P. Pendry, Charlotte, for defendant-appellant.


STROUD, Judge.

Defendant appeals from his conviction by a jury of second-degree murder. Defendant argues the trial court plainly erred in "failing to instruct the jury that if the [S]tate failed to prove any element of the charged offense, or any lesser included offense, it must find defendant not guilty[,]" and "denying the jury's request for the testimony of three witnesses[,]" and erred in instructing the jury on flight. For the following reasons, we find no prejudicial...

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