State v. Freeman

Supreme Court of North Carolina

State v. Freeman

117 S.E.2d 400, 253 N.C. 577, 1960 N.C. LEXIS 675

DecidedDecember 14, 1960

StatusPublished

This text of 117 S.E.2d 400 (State v. Freeman) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Freeman, 117 S.E.2d 400, 253 N.C. 577, 1960 N.C. LEXIS 675 (N.C. 1960).

Pincite

Opinion

Per CuRiam.

The court charged the jury the defendant’s plea of not guilty was a challenge to the credibility of the State’s evidence, entitling defendant “to an acquittal unless and until the State has satisfied you from the evidence and by its greater weight of his guilt.”

Conviction could only be had upon proof of guilt beyond a reasonable doubt. .The jury was so informed in a subsequent portion of the [578]*578charge. The error in defining the degree of proof required was undoubtedly a “slip of the tongue.” Nonetheless, it was prejudicial, entitling defendant to a

New trial.

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Per CuRiam.

The court charged the jury the defendant’s plea of not guilty was a challenge to the credibility of the State’s evidence, entitling defendant “to an acquittal unless and until the State has satisfied you from the evidence and by its greater weight of his guilt.”

Conviction could only be had upon proof of guilt beyond a reasonable doubt. .The jury was so informed in a subsequent portion of the [578]*578charge. The error in defining the degree of proof required was undoubtedly a “slip of the tongue.” Nonetheless, it was prejudicial, entitling defendant to a

New trial.

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Bluebook (online)

117 S.E.2d 400, 253 N.C. 577, 1960 N.C. LEXIS 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-freeman-nc-1960.