State v. Garner

Court of Appeals of North Carolina

State v. Garner

201 S.E.2d 497, 20 N.C. App. 484, 1974 N.C. App. LEXIS 2477

CourtCourt of Appeals of North Carolina

DecidedJanuary 9, 1974

DocketNo. 733SC665

StatusPublished

This text of 201 S.E.2d 497 (State v. Garner) is published on Counsel Stack Legal Research, covering Court of Appeals 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. Garner, 201 S.E.2d 497, 20 N.C. App. 484, 1974 N.C. App. LEXIS 2477 (N.C. Ct. App. 1974).

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Opinion

VAUGHN, Judge.

At trial defendant offered evidence that he was not present at the time and place the alleged crime was committed. The jury was not instructed that defendant, who relied on an alibi, did not have the burden of proving it. The trial occurred prior to the opinion of our Supreme Court in State v. Hunt, 283 N.C. 617, 197 S.E. 2d 513 and, therefore, the omission of the instruction constituted prejudicial error. State v. Moore, 19 N.C. App. 368, 198 S.E. 2d 760.

New trial.

Judges Morris and Hedrick concur.

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VAUGHN, Judge.

At trial defendant offered evidence that he was not present at the time and place the alleged crime was committed. The jury was not instructed that defendant, who relied on an alibi, did not have the burden of proving it. The trial occurred prior to the opinion of our Supreme Court in State v. Hunt, 283 N.C. 617, 197 S.E. 2d 513 and, therefore, the omission of the instruction constituted prejudicial error. State v. Moore, 19 N.C. App. 368, 198 S.E. 2d 760.

New trial.

Judges Morris and Hedrick concur.

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Bluebook (online)

201 S.E.2d 497, 20 N.C. App. 484, 1974 N.C. App. LEXIS 2477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-garner-ncctapp-1974.

Opinion

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