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State v. Leach

139 S.E.2d 257, 263 N.C. 242, 1964 N.C. LEXIS 812
CourtSupreme Court of North Carolina
DecidedDecember 16, 1964
Docket660
StatusPublished
Cited by6 cases

This text of 139 S.E.2d 257 (State v. Leach) 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. Leach, 139 S.E.2d 257, 263 N.C. 242, 1964 N.C. LEXIS 812 (N.C. 1964).

Opinion

Pee Curiam.

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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Related

State v. Woods
213 S.E.2d 214 (Supreme Court of North Carolina, 1975)
State v. Carter
210 S.E.2d 264 (Court of Appeals of North Carolina, 1974)
State v. Shore
204 S.E.2d 682 (Supreme Court of North Carolina, 1974)
State v. Hunt
197 S.E.2d 513 (Supreme Court of North Carolina, 1973)
Ferguson v. State
488 P.2d 1032 (Alaska Supreme Court, 1971)

Cite This Page — Counsel Stack

Bluebook (online)
139 S.E.2d 257, 263 N.C. 242, 1964 N.C. LEXIS 812, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-leach-nc-1964.