State v. Leach

Supreme Court of North Carolina
State v. Leach, 139 S.E.2d 257 (N.C. 1964)
263 N.C. 242; 1964 N.C. LEXIS 812
Per Curiam

State v. Leach

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.

Reference

Full Case Name
State of North Carolina v. James Thomas Leach and Arthur Leroy Legette
Cited By
6 cases
Status
Published