Court of Appeals of North Carolina, 1974

State v. Garner

State v. Garner
Court of Appeals of North Carolina · Decided January 9, 1974 · Hedrick, Morris, Vaughn
20 N.C. App. 484; 201 S.E.2d 497; 1974 N.C. App. LEXIS 2477

State v. Garner

Opinion of the Court

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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