Supreme Court of North Carolina, 1957

State v. Muscat

State v. Muscat
Supreme Court of North Carolina · Decided November 27, 1957
247 N.C. 266; 100 S.E.2d 510; 1957 N.C. LEXIS 676
State v. Muscat

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Per Curiam:

Certain portion of the charge of the trial judge to the jury in respect to defendant’s plea of self-defense, to which defendant excepts, while proper in trial of a homicide case, the Attorney General confesses is improper in instant case, and is prejudicial to defendant, under authority of S. v. Warren, 242 N.C. 581, 89 S.E. 2d, 109; S. v. Cephus, 239 N.C. 521, 80 S.E 2d, 147; S. v. Carver, 213 N.C. 150, 195 S.E. 349.

Hence let there be a

New trial.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.