State v. Leach
139 S.E.2d 257, 263 N.C. 242, 1964 N.C. LEXIS 812
Opinion
Although defendants’ primary defense was an alibi, his Honor inadvertently failed to charge on this substantive feature of the case. Defendants are entitled to have had the court apply the law to their evidence with respect to alibi. Under the authority of State v. Gammons, 258 N.C. 522, 128 S.E. 2d 860, and State v. Spencer, 256 N.C. 487, 124 S.E. 2d 175, defendants have the right to a new trial and it is so ordered.
New trial.
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State v. Leach, 139 S.E.2d 257, 263 N.C. 242, 1964 N.C. LEXIS 812 (N.C. 1964).
139 S.E.2d 257 (State v. Leach) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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